GIFT  or 


■h 


A  r3IGESX 


()l<^     1   HIC 


ELECTION   EA^^S 


OK    PHE 


State:  of  Arkansas 


In  Force  April  i,  1904 


I3>-   JOHN    W.  CROCKETX 

Secretary  of  State 


F'UBUISHKO 


By  Authority  of  the  General  Assembly 


Little  Eock,  Ark.: 

CENTTJAL    PRINTING   COMPANY, 

1904. 


A  DIGEST 


OF^  THE 


BLECTION    LAV^S 


OP  THE 


SxATE  OF  Arkansas 


In  Force  April  i,  1904 


By  JOHN    W.  CROCKBTnr 

Secretary  of  State 


PUBLISHED 


By  Authority  of  the  General  Assembly 


Little  Eock,  Ark.: 

CENTEAL   PRINTING   COMPANY, 

1904. 


i'i^l^ 


\ 


v^ 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


■::■ 


http://www.archive.org/details/digielearkaOOarkarich 


A  DIGEST 

OK  THE 


ELECTION    L  A  ^W  S 


OF  THE 


STATE   OF   ARKANSAS. 


GENERAL  ELECTION. 

TIME   OF  HOLDING. 

Section  2598.  On  the  first  Monday  in  September,  eighteen  hundred 
and  seventy-six,  and  every  two  years  thereafter,  there  shall  be  held  an 
election  in  each  precinct  and  ward  in  this  state  for  the  election  of  all 
elective  state,  county  and  township  officers  whose  term  of  office  is  fixed 
by  the  constitution  at  two  years;  and  state  senators  whose  term  of 
office  is  fixed  by  the  constitution  at  two  years ;  and  state  senators  in  their 
respective  districts  when  the  terms  for  which  senators  may  have  been 
elected  shall  expire  before  the  next  general  election;  and  for  judges  of 
the  supreme  and  circuit  courts  when  the  term  of  office  of  any  judge 
shall  expire  before  the  next  general  election;  and  for  representatives 
to  the  congress  of  the  United  States  for  each  congressional  district ;  and 
for  prosecuting  attorneys.     Act  January  23,  1875,  sec.  1. 

STATE  AND   COXTNTT  BOARDS   OF  ELECTION  COMMISSIONEBS. 

Sec.  2599.  The  governor,  secretary  of  state  and  attorney  general 
shall  constitute  a  state  board  of  election  commissioners,  whose  duty 
it  shall  be,  not  more  than  ninety  days  nor  less  than  thirty  days  before 
any  general  election  for  state  and  county  officers,  to  appoint  three 
qualified  electors  as  commissioners  in  each  county  to  select  election 
judges  for  each  voting  precinct,  and  to  perform  the  other  duties  herein 
prescribed.  No  person  who  is  a  candidate  for  any  office  to  be  voted 
for  at  such  election,  or  is  a  deputy,  or  clerk  or  employee  of  any  officer 
or  person  who  is  a  candidate  for  election,  shall  act  as  county  commis- 

3 

257226 


ELECTION     LAWS    OF     ARKANSAS 

sioner.  The  appointment  of  the  county  commissiorers  shall  be  in  writing 
under  the  hands  of  the  state  board,  and  the  said  state  board  shall  imme- 
diately mail  to  each  county  commissioner,  at  the  county  seat,  a  notice 
of  his  appointment,  and,  in  addition  thereto,  shall  mail  to  the  clerk  of 
the  circuit  court  in  such  county  a  certificate  of  the  appointment  of,  such 
commissioners,  and,  upon  the  receipt  of  such  certificate,  it  shall  be 
the  duty  of  such  circuit  clerk  to  cause  to  be  served  upon  each  of  said 
commissioners,  by  the  sheriff,  a  notice  requiring  said  commissioners  to 
appear  before  said  clerk  on  or  before  the  day  fixed  for  entering  upon 
their  duties,  and  take  and  subscribe  the  oath  prescribed  by  section 
twenty,  of  article  nineteen  of  the  constitution,  which  said  oath  shall  be 
indorsed  on  the  certificate,  and  when  so  indorsed,  said  certificate  shall 
be  filed  in  said  office  as  a  record. 

Sec.  2600.  The  said  commissioners  shall  hold  office  until  their 
successors  are  appointed  and  qualified.  Said  commissioners  shall  meet 
at  the  courthouse  at  least  twenty  days  p^ior  to  the  general  election,  and 
shall  organize  themselves  into  a  board  of  election  commissioners  by 
electing  one  member  chairman  and  another  clerk.  Each  commissioner 
shall  have  one  vote^  and  two  shall  constitute  a  quorum,  and  the  con- 
curring votes  of  any  two  shall  decide  all  questions  before  them. 

[N.  B.— The  Federal  statutes  fixes  the  Tuesday  after  the  first 
Monday  in  November  for  election  of  members  of  Congress.] 

Sec.  2601.  They  shall,  after  their  organization  as  aforesaid,  not 
less  than  five  (5)  days  before  any  general  election,  appoint  three  (3) 
judges  of  election  for  each  voting  precinct  in  the  county,  which  appoint- 
ments shall  be  served  on  or  delivered  to  the  persons  appointed  by  the 
sheriff  of  the  county  and  the  clerk  of  the  board  shall  make  a  record  of 
such  appointments  and  shall  file  the  same,  attested  by  the  chairman 
and  the  clerk  of  the  board,  with  the  county  clerk.  If  any  judge  so 
appointed  shall  die  or  resign  before  the  election,  said  board  shall  fill  the 
vacancy.  All  of  said  county  commissioners  shall  not  be  members  of  the 
same  political  party.     Act  May  23,  1901. 

Sec.  2602.  Any  vacancy  in  the  county  board  of  commissioners  shall 
be  filled  by  appointment  by  the  state  board  of  commissioners,  in  the 
same  manner  as  the  county  commissioners  are  originally  appointed ;  and 
if  it  shall  occur  that  all,  or  a  majority,  of  the  county  commissioners  shall 
resign,  refuse  to  act,  die,  or  their  places  become  vacant  from  any  cause, 
so  that  there  shall  not  be  a  quorum  in  office  at  the  time  that  said  board 
is  required  to  do  and  perform  any  of  the  acts  or  things  by  this  act 
required  of  them,  then,  and  in  that  event,  the  county  judge,  sheriff  and 
county  clerk  shall,  in  the  order  herein  named,  fill  said  vacancies  for  the 
time,  and  shall  perform  the  duties  of  election  commissioners  until  the 
vacancies  in  said  board  can  be  filled,  as  herein  provided  for.  Act  March 
4,  1891,  sec.  1. 


ELECTION    LAWS    OF     AEKANSAS 
QUALIFICATION    OF   ELECTOES. 

Sec.  2603.  Every  male  citizen  of  the  United  States,  or  male  person 
who  has  declared  his  intention  of  becoming  a  citizen  of  the  same,  of  the 
age  of  twenty-one  years,  who  has  resided  in  the  state  twelve  months,  in 
the  county  six  months  and  in  the  precinct  or  ward  one  month,  next 
preceding  any  election  at  which  he  may  propose  to  vote,  except  such 
person  as  may,  for  the  commission  of  some  felony,  be  deprived  of  the 
right  to  vote  by  law,  passed  by  the  general  assembly,  and  who  shall 
exhibit  a  poll  tax  receipt  or  other  evidence  that  he  has  paid  his  poll  tax 
at  the  time  of  collecting  taxes  next  preceding  such  election,  shall  be 
allowed  to  vote  at  any  election  in  the  state  of  Arkansas.  Provided,  That 
persons  who  make  satisfactory  proof  that  they  have  attained  the  age  of 
twenty-one  years  since  the  time  of  assessing  taxes  next  preceding  said 
election  and  possesses  the  other  necessary  qualifications,  shall  be  per- 
mitted to  vote ;  and  provided,  further,  that  the  said  tax  receipt  shall  be 
so  marked  by  dated  stamp  or  written  indorsement  by  the  judges  of 
election  to  whom  it  may  be  first  presented  as  to  prevent  the  holder  thereof 
from  voting  more  than  once  at  any  election.  Constitution  of  Arkansas, 
amendment  number  2. 

Sec.  2604.  No  idiot  or  insane  person  shall  be  entitled  to  the  priv- 
ileges of  an  elector,  nor  shall  any  soldier  or  marine  in  the  military  or 
naval  service  of  the  United  States  acquire  a  residence  that  shall  entitle 
him  to  vote  by  reason  of  being  stationed  on  duty  in  this  state.  No  one 
who  has  been  convicted  of  any  offense  which  is  a  felony  at  the  common 
law,  or  by  statute,  shall  be  allowed  to  vote  at  any  election  in  this  state, 
unless  such  person  shall  have  been  pardoned  by  the  governor,  and  the 
records  of  the  court  wherein  such  person  shall  have  been  convicted  shall 
be  conclusive  evidence  of  his  conviction.  Whenever  any  person  shall 
present  himself  to  vote,  and  there  shall  be  no  specific  evidence  prescribed 
by  law  as  being  necessary  to  establish  his  qualifications,  the  judges  of 
election  may  interrogate  him  under  oath,  touching  his  qualifications  as 
an  elector,  or  they  may  satisfy  themselves  in  relation  thereto  by  any  legal 
testimony.     Act  March  4,  1891,  sec.  18. 

POLL  TAX   EECEIPTS. 

Sec.  2605.  It  shall  be  the  duty  of  the  auditor  of  state  to  prepare 
poll  tax  receipts  in  book  form  with  stub,  to  be  used  by  the  collectors  of 
the  several  counties  of  the  state,  and  shall  furnish  the  same  to  the 
county  clerk  of  the  several  counties,  and  the  said  clerks  shall  deliver 
the  said  poll  tax  receipts  to  the  collectors  of  taxes  at  the  time  of  the 
delivery  of  the  tax  books,  and  when  the  collector  files  his  delinquent 
personal  list  he  shall  return  to  the  county  clerk  all  unused  blank  poll  tax 
receipts  and  the  clerk  shall  at  once  return  the  same  to  the  auditor. 

Sec.  2606.  The  sheriff  of  each  county  shall,  on  or  before  the  first 
day  of  July  of  each  year,  make  out  under  oath,  a  certified  copy,  in  alpha- 

5 


ELECTION    LAWS    OF     AEKANSAS 

betical  order,  of  the  names  of  all  electors  who  have  paid  their  poll  tax 
for  the  preceding  year  and  file  the  same  with  the  county  clerk  of  his 
county,  for  which  service  he  shall  be  paid  by  the  county  the  sum  of 
twenty  cents  for  each  one  hundred  names  filed  with  said  clerk. 

Sec.  2607.  The  county  clerks  of  the  several  counties  shall  file  the 
said  list  of  electors  so  furnished  by  the  sheriff  or  collector,  and  shall 
record  the  same  in  a  book  kept  for  that  purpose,  and  shall  furnish  the 
sheriffs  or  collectors  with  not  less  than  three  certified  printed  copies  for 
each  voting  precinct  in  the  county  at  least  ten  days  before  any  general 
or  special  election,  and  for  such  service  the  said  clerks  shall  be  paid  by 
the  county  the  same  fees  as  are  now  allowed  them  by  law  for  similar 
services. 

Sec.  2608.  It  shall  be  the  duty  of  the  sheriff  of  each  county  to 
furnish  the  election  judges  of  each  precinct  of  his  county  the  printed 
list  of  electors  mentioned  in  section  2607  at  the  time  he  delivers  the 
poll  books,  and  all  persons  whose  names  appear  on  said  list,  in  the  event 
their  said  receipt  be  lost  or  mislaid  and  possess  the  other  necessary  quali- 
fications of  an  elector,  shall  be  entitled  to  vote  at  said  election. 

Sec  2609.  Any  person  who  makes  satisfactory  proof  that  he  has 
attained  the  age  of  twenty-one  years  since  the  time  of  assessing  taxes 
next  preceding  said  election  and  possess  the  necessary  qualifications,  shall 
be  entitled  to  vote. 

Sec.  2610.  The  said  poll  tax  receipt  of  electors  presented  to  the 
judges  of  said  election  shall  be  so  marked  by  dated  stamp  or  written 
indorsement  by  the  judges  of  the  election  to  whom  it  may  be  first  pre- 
sented as  to  prevent  the  holder  thereof  from  voting  more  than  once  at 
any  election. 

Sec.  2611.  The  auditor  of  state,  sheriff,  collector,  or  clerk  of  any 
county  who  shall  fail  or  refuse  to  comply  with  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  in  any  sum  not  less  than  fifty  dollars,  nor  more  than  five  hundred 
dollars. 

Sec.  2612.  Any  elector  offering  to  vote  who  does  not  present  his  poll 
tax  receipt  and  whose  name  appears  upon  the  printed  list,  shall  be 
required  by  the  judges  to  make  oath  that  he  has  not  voted  at  any  other 
precinct  or  ward  at  the  present  election.     Act  April  10,  1893. 

NOMINATION  OP   CANDIDATES  AND   CEBTIFICATION   THEREOF. 

Sec,  2613.  The  nominations  of  candidates  shall  be  certified  in  the 
following  manner:  By  the  chairman  and  secretary  of  any  convention 
of  delegates,  or  of  the  canvassing  board  of  any  primary  election,  held 
by  authority  of  any  organized  political  party  in  the  state,  or  subdivision 
thereof,  in  which  such  convention  or  primary  election  is  held;  and  also, 
by  electors  of  the  state,  district,  county,  township,  ward  of  a  city  or 
incorporated  town,  for  which  the  nomination  is  made.     Provided,  the 

6 


ELECTION    LAWS    OF     AEKANSAS 

number  of  signatures  of  electors  so  required  shall  not  be  less  than  fifty, 
nor  more  than  one  thousand,  for  the  state  or  any  district  or  county,  and 
not  less  than  ten,  nor  more  than  fifty,  for  any  township,  or  ward  of  a  city 
or  incorporated  town.  All  certificates  of  nomination  made  by  the  chair- 
man and  secretaries  of  conventions,  or  of  canvassing  boards  of  primary 
elections,  shall  be  duly  acknowledged  before  an  officer  authorized  by  law 
to  take  acknowledgments.  The  said  certificate  of  nomination  shall  be 
accompanied  by  the  receipt  of  the  treasurer  or  collector  of  each  county 
in  which  any  candidate  is  to  be  voted  for,  for  the  following  amounts, 
namely:  Candidates  for  offices  to  be  voted  for  by  the  electors  of  the 
entire  state,  fifty  cents  each;  candidates  for  offices  to  be  voted  for  by 
the  electors  of  a  district  composed  of  more  than  one  county,  except 
members  of  congress,  three  dollars;  candidates  for  representatives  in 
congress,  ten  dollars ;  candidates  for  offices  to  be  voted  for  by  the  electors 
of  a  single  county,  three  dollars;  candidates  for  offices  to  be  voted  for 
by  the  electors  of  a  township,  one  dollar.  These  several  amounts  shall 
be  placed  to  the  credit  of  the  fund  for  general  county  expenses.  Candi- 
dates for  offices  to  be  voted  for  by  the  electors  of  any  incorporated  town 
or  city,  shall  present  the  receipt  of  the.  treasurer  or  collector  of  such 
municipality  for  the  sum  of  one  dollar  each.  All  money  received  from 
this  source  shall  be  placed  to  the  credit  of  the  fund  for  general  expenses 
of  said  city  or  town. 

Sec.  2614.  All  certificates  of  the  nomination  of  candidates  for 
presidential  electors  and  members  of  congress,  and  for  state  and  judicial, 
and  district  officers,  either  by  convention,  primary  elections  or  electors, 
shall  be  filed  with  the  secretary  of  state ;  and  all  certificates  of  the  nomi- 
nation of  candidates  for  county,  township,  and  municipal  offices  shall  be 
filed  with  the  county  election  commissioners  of  the  county  in  which  they 
are  to  be  voted  for. 

Sec.  2615.  Certificates  of  nomination  required  by  this  act  to  be 
filed  with  the  secretary  of  state  shall  be  filed  not  more  than  sixty  days 
and  not  less  than  twenty  days  before  the  day  fiixed  by  law  for  the 
election  of  persons  in  nomination.  Certificates  of  nominations  herein 
directed  to  be  filed  with  the  county  election  commissioners  shall  be  filed 
not  more  than  sixty  days  and  not  less  than  fifteen  days  before  the 
election.  Provided,  in  case  of  any  vacancy  occurring  in  any  nomination 
by  declination,  withdrawal,  death  or  otherwise,  the  central  committee, 
or  a  convention  or  primary  election  called  for  that  purpose,  of  the 
party  on  whose  ticket  such  vacancy  may  be,  may  select  and  certify 
to  the  secretary  of  state,  or  proper  county  election  commissioners,  the 
name  of  the  candidate  to  fill  such  vacancy. 

Sec.  2616.  Whenever  it  shall  appear  by  affidavit  that  an  error  or 
omission  has  occurred  in  the  publication  of  the  names  or  description  of 
candidates  nominated  for  office,  or  in  the  printing  of  ballots,  the  circuit 
court  of  any  county,  or  the  judge  thereof  in  vacation,  or  if  the  circuit 

7 


ELECTION     LAWS     OF     ARKANSAS 

judge  be  then  absent  from  the  county  the  judge  of  the  county  court, 
shall,  upon  the  application  of  any  elector,  by  order,  require  the  county 
election  commissioners  to  immediately  correct  such  error  or  omission, 
or  show  cause  why  the  same  should  not  be  done. 

Sec.  2617.  Not  less  than  eighteen  days  before  each  election,  the 
secretary  of  state  shall  certify  to  all  the  county  election  commissioners 
full  lists  of  all  candidates  to  be  voted  for  in  their  counties  respectively, 
as  the  nominations  have  been  certified  to  him. 

Sec.  2618.  Every  person  who  shall  falsely  make  or  fraudulently 
destroj^  any  certificate  of  nominations,  or  any  part  thereof;  or  file  any 
certificate  of  nominations,  knowing  the  same,  or  any  part  thereof,  to  be 
false,  or  suppress  any  nomination  which  has  been  duly  filed,  or  any  part 
thereof,  or  forge  or  falsely  write  the  name  or  initials  of  any  judge  of 
election  on  any  ballot,  shall  be  deemed  guilty  of  a  felony,  and  on 
conviction  thereof,  punished  by  confinement  at  hard  labor  in  the  peni- 
tentiary not  less  than  one  nor  more  than  five  years.  Act  March  4,  1891, 
sees.  22,  25,  37  and  40. 

DECLINATION  OF  NOMINATIONS. 

Sec.  2619.  The  secretary  of  state  shall  not  certify  the  name  of  any 
candidate  whose  certificate  of  nomination  shall  have  been  filed  in  his 
office,  who  shall  have  notified  him  in  writing,  acknowledged  before  an 
officer  authorized  by  law  to  take  acknowledgments,  that  he  will  not 
accept  the  nomination  specified  in  the  certificate  of  nomination.  And 
the  county  election  commissioners  shall  not  include  in  the  posting  to 
be  made  by  them  as  hereafter  provided,  the  name  of  any  candidate 
whose  certificate  of  nomination  shall  have  been  filed  with  them,  who 
shall  have  notified  them  in  like  manner,  that  he  will  not  accept  the 
nomination,  nor  shall  the  names  of  such  persons  be  printed  on  the 
ballots  provided  by  the  commissioners.     Ih.,  sec.  26. 

SUBMISSION  OF  AMENDMENTS  AND  OTHER  QUESTIONS. 

Sec.  2620.  "Whenever  a  proposed  amendment  to  the  constitution, 
or  other  question,  is  to  be  submitted  to  a  vote  of  the  people,  the  secretary 
of  state  shall,  not  less  than  eighteen  days  before  the  election,  duly  certify 
the  same  to  the  commissioners  of  each  county  in  the  state,  and  the 
commissioners  shall  include  the  same  in  the  posting  which  they  are 
by  this  act  required  to  make,  and  also  to  print  the  same  on  the  ballots. 

PUBLICATION  OF  NOMINATIONS  AND  QUESTIONS   SUBMITTED. 

Sec,  2621.  The  commissioners  of  each  county  shall  make  publication 
of  all  nominations  filed  with  them,  and  all  nominations  certified  to 
them  by  the  secretary  of  state,  and  also  all  proposed  amendments  to  the 
constitution,  and  other  questions  certified  to  them  by  the  secretary  of 
state,  or  required  by  law  to  be  submitted  to  the  electors  at  any  election, 

8 


ELECTION    LAWS    OF     AEKANSAS 

by  posting  a  list  thereof  at  the  door  of  the  coilrthouse  at  least  ten  days 
before  the  day  of  election.     Ih.,  sees.  27,  28. 

THE  BALLOTS. 

Sec.  2622.  At  least  three  days  before  each  election,  the  county 
election  commissioners  shall  deliver  to  the  sheriff  one  hundred  and  fifty 
ballots  for  each  fifty,  or  fraction  of  fifty,  electors  in  each  township  or 
ward  of  a  city,  or  incorporated  town  in  the  county,  and  the  said  sheriff 
is  required  to  deliver  such  ballots  to  the  judges  of  election  at  the  same 
time  and  in  the  same  manner  that  he  is  required  by  section  2628  to 
deliver  the  poll  books  and  ballot  boxes.  Provided,  when  the  sheriff  is  a 
candidate  at  any  election  the  said  ballots  shall  be  delivered  to  the  persons, 
or  one  thereof,  appointed  in  his  stead  as  provided  in  section  2646. 
Act  March  4,  1891,  sec.  29 ;  amended  March  26,  1891. 

Sec.  2623.  All  election  ballots  used  in  any  presidential,  congres- 
sional, state,  district,  county,  township,  or  municipal  election  in  this 
state,  either  general  or  special,  shall  be  provided  at  county  expense  by 
the  county  election  commissioners  of  the  counties  in  which  they  are  used, 
respectively;  except  the  ballots  used  exclusively  in  municipal  elections, 
which  shall  be  provided  by  the  commissioners  at  the  expense  of  the 
cities  and  incorporated  towns  in  which  they  are  used,  respectively. 

Sec.  2624.  The  county  election  commissioners  of  each  county  in 
this  state  shall,  in  due  time  for  each  general  or  special  election,  provide 
for  each  election  precinct,  and  for  each  ward  of  a  city  or  incorporated 
town  in  their  county,  one  hundred  and  fifty  printed  ballots  for  each 
fifty,  or  fraction  of  fifty,  electors  voting  thereat  at  the  last  preceding 
election;  and  no  ballot  shall  be  received  or  counted  in  any  election  to 
which  this  act  applies,  except  it  be  provided  by  the  county  election 
commissioners  as  herein  prescribed.  All  ballots  cast  and  not  included  in 
the  count  made  by  the  election  judges  for  want  of  conformity  to  the 
provisions  of  this  act,  shall  be  preserved  and  sealed  in  a  separate  package, 
and  be  returned  to  the  county  election  commissioners. 

Sec.  2625.  All  election  ballots  provided  by  the  county  election 
commissioners  of  any  county  in  this  state  for  any  election  shall  be  alike, 
and  shall  be  printed  in  plain  type;  and  shall  contain  in  the  proper 
place  the  name  of  every  candidate  whose  nomination  for  any  office  to 
be  filled  at  that  election  has  been  certified  to  the  said  commissioners,  as 
provided  for  in  this  act,  and  shall  not  contain  the  name  of  any  candidate 
or  person  which  has  not  been  so  certified.  Below  the  names  of  the 
candidates  for  each  office  nominated  by  the  organized  parties,  as  well 
as  those  nominated  by  electors,  shall  be  left  a  blank  space  large  enough 
to  contain  as  many  names  in  writing  as  there  are  offices  to  be  filled. 
Act  March  4,  1891,  sees.  19-21. 


ELECTION    LAWS    OF     ARKANSAS 
FOSM  OF  BAILLOT. 

Sec.  2626.  The  county  election  commissioners  shall  prepare  the 
ballots  provided  for  imder  this  act  in  accordance  with  the  following 
form,  except  the  order  in  which  the  several  offices  to  be  filled  are  stated, 
namely : 

OFFICIAL  BALLOT,  Election 189 


Cross  oiit  or  scratch  off  the  names  of  all  persons  except  those  for 
whom  you  wish  to  vote. 

Governor.     Vote  for  one. 
John.  Smith,  Dem.         '' 
William  Jones,  Rep. 
JlenxyJBUsher,— Ind. 


Secretary  of  State.     Vote  for  one. 
Thomas  Moore,  Rep. 
William  King,  Ind. 
James  Sinclair,  Dem. 

Auditor  of  State.     Vote  for  one. 
William  Miller,  Dem. 
John  Pope,  Rep. 
Thomas  Andrews,  Ind. 

For  Sheriff.     Vote  for  one. 
Thomas  Jones,  Dem. 
James  White,  Ind. 
George  Smith,  Rep. 

For  Representative.     Vote  for  two. 
John  Doe,  Dem. 
Richard  Roe,  Dem. 
Hiram  Smith,  Ind. 
Henry  Jones,  Ind. 
William  Carter,  Rep. 
Nathan  Hardy,  Rep. 


—Act  March  4,  1891 ;  amended  March  26,  189. 


10 


ELECTION     LAWS    OF     ARKANSAS 
BALLOT   BOZES,    POLL   BOOKS   AND    SUPPLIES. 

Sec.  2627.  It  shall  be  the  duty  of  the  county  election  commissioners 
to  provide  for  each  election  precinct  a  good  and  sufficient  ballot  box 
with  lock  and  key,  two  blank  poll  books  containing  proper  captions  and 
supplied  with  sufficient  pages  to  record  the  names  of  all  voters  in  the 
precinct,  tally  sheets  and  envelopes  in  which  to  seal  up  the  ballots  and 
certificates.  They  shall  also  provide  on  sheets  separate  from  the  poll 
books  blank  forms  of  certificates  prepared  in  such  a  manner  as  will 
enable  the  judges  of  election  to  properly  certify  the  result  of  the  election, 
upon  which  certificates  shall  be  indorsed  a  blank  form  of  oath  to  be 
taken  by  the  judges  and  clerks  before  entering  upon  the  discharge  of 
their  duties. 

Sec.  2628.  Such  ballot  box,  poll  books  and  blank  certificates,  tally 
sheets  and  envelopes  shall  be  delivered  by  said  commissioners  to  the 
sheriff,  or  in  the  event  of  his  being  a  candidate  at  such  election,  then 
the  same  shall  be  delivered  to  the  person  appointed  to  perform  the 
duties  of  said  sheriff  as  provided  for  in  section  2646.  It  shall  be  the 
duty  of  said  sheriff,  or  person  appointed  in  his  stead  as  in  this  act 
provided,  to  deliver  the  same  to  the  judges  of  election  when  they  have 
assembled  at  the  voting  place  for  the  purpose  of  holding  the  election. 
The  said  ballot  box,  poll  books,  tally  sheets,  envelopes  and  certificates 
shall  be  paid  by  the  several  counties  of  the  state.  Act  March  4,  1891, 
sec.  9. 

POLLING  PLACES,   HOW  ABBANGED,  ETC. 

Sec.  2629.  All  officers  upon  whom  the  law  imposes  the  duty  of 
designating  polling  places,  shall  provide  in  each  room  designated  by 
them  as  a  polling  place,  one  booth  or  compartment  for  each  one  hundred 
electors,  or  fraction  of  one  hundred,  voting  thereat  at  the  last  preceding 
election,  and  furnish  the  same  with  a  table,  shelf  or  desk  for  the 
convenience  of  electors  in  preparing  their  ballots.  Said  booths  shall  be 
at  least  five  feet  apart,  and  the  walls  thereof  shall  be  of  wood  and  so 
constructed  as  to  enable  each  elector  to  enter  therein  and  prepare  his 
ballot  free  from  the  interference  of  any  person  whomsoever.  And  no 
person  shall  be  permitted,  under  any  pretext  whatever,  to  come  nearer 
than  fifty  feet  of  any  door  or  window  of  any  polling  room,  from  the 
opening  of  the  polls  until  the  completion  of  the  count  of  the  ballots  and 
certification  of  the  returns,  except  as  herein  provided.    lb.,  sec.  30. 

Sec.  2630.  The  election  commissioners  of  each  county  shall  cause 
to  be  printed  in  large  type  on  cards,  instructions  for  the  guidance  of 
electors  preparing  their  ballots.  They  shall  furnish  twelve  such  cards 
to  the  judges  of  election  in  each  election  district,  at  the  same  time  and 
in  the  same  manner  as  the  printed  ballots.  The  judges  of  election  shall 
post  not  less  than  one  of  such  cards  in  each  place  or  compartment 
provided  for  the  preparation  of  ballots,  and  not  less  than  three  of  such 

11 


ELECTION    LAWS    OF     ARKANSAS 

cards  elsewhere  in  and  about  the  polling  place  upon  the  day  of  election. 
Said  cards  shall  be  printed  in  large,  clear  type,  and  shall  contain  full 
instructions  to  the  voters  as  to  what  should  be  done:  First— To  obtain 
ballots  for  voting.  Second— To  prepare  the  ballots  for  deposit  in  the 
ballot  boxes.  Third— To  obtain  a  new  ballot  in  place  of  one  accidentally 
spoiled ;  also  a  copy  of  sections  2650,  2651,  2652,  2653  and  2654. 

Sec.  2631.  No  person  shall,  during  the  election,  remove,  tear  down, 
or  destroy  any  booths  or  supplies,  or  other  conveniences  placed  in  any 
booth  or  polling  place  as  aforesaid  for  the  purpose  of  enabling  the  voter 
to  prepare  his  ballot. 

No  person  shall,  during  an  election,  remove,  tear  down  or  deface 
the  cards  printed  for  the  instruction  of  voters.  Every  person  willfully 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  one  hundred  dollars,  nor  more  than  two  hundred  and  fifty  dollars, 
or  imprisonment  in  the  county  jail  not  less  than  one  month,  or  both  such 
fine  and  imprisonment,  at  the  discretion  of  the  jury  trying  the  case, 
lb.,  sees.  46,  47. 

JUDGES   OF  ELECTIONS. 

Sec.  2632.  The  judges  of  election  shall  be  discreet  persons,  able  to 
read  and  write  the  English  language,  and  qualified  electors  in  the 
precincts  for  which  they  are  appointed  to  act;  and  they  shall  not  all  be 
selected  from  the  same  political  party,  if  competent  persons  of  different 
politics  can  be  found. 

Sec.  2633.  The  judges  of  election  appointed  under  this  act  shall 
continue  to  be  judges  of  election  within  their  respective  precincts  until 
the  next  general  election,  unless  sooner  removed  by  the  county  election 
commissioners.     Act  March  4,  1891,  sees.  2,  3. 

Sec.  2634.  No  person  shall  be  competent  to  act  as  judge  or  clerk  of 
any  election  authorized  to  be  holden  by  the  laws  and  constitution  of 
this  state  who  shall  have  any  moneys,  goods,  wares  or  merchandise  bet 
on  the  result  of  any  such  election. 

Sec.  2635.  Any  person  who  shall  act  in  any  election  as  aforesaid, 
having  any  moneys,  goods,  wares  or  merchandise  bet  on  the  result  of  any 
such  election,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars,  to  be  fixed  by  the  judge  or  jury  trying  the  case.  Act  January 
23,  1875,  sees.  6,  7. 

Sec.  2636.  If  any  election  judge  shall  be  absent  at  the  time  fixed 
for  the  opening  of  the  polls,  the  other  judge  or  judges  shall  appoint  some 
person  or  persons  having  the  qualifications  prescribed  by  this  act  for 
election  judges,  to  supply  such  vacancy;  and  if  all  the  judges  shall  be 
absent,  then  the  voters  present  shall  elect  as  judges  persons  having  the 
required  qualifications. 

12 


ELECTION     LAWS     OF     ARKANSAS 

Sec.  2637. .  The  judges  of  election  shall  appoint  two  clerks  at  each 
precinct.    Act  March  4,  1891,  sec.  4. 

OATH  or  JUDGES  AND  CLERKS.  ' 

Sec.  2638.  The  judges,  before  entering  on  their  duties,  shall  take, 
before  some  person  authorized  by  law  to  administer  oaths,  the  following 

oath:     "I, ,  do  swear  that  I  will  perform  the  duties  of 

judge  of  this  election  according  to  law  and  to  the  best  of  my  abilities, 
and  that  I  will  studiously  endeavor  to  prevent  fraud,  deceit  and  abuse 
in  conducting  the  same,  and  that  I  will  not  disclose  how  any  elector  shall 
have  voted,  unless  required  to  do  so  as  a  witness  in  a  judicial  proceeding, 
or  a  proceeding  to  contest  an  election." 

Sec.  2639.  The  clerks  of  elections,  before  entering  on  their  duties, 
shall  take  an  oath  that  they  will  faithfully  record  the  names  of  all  voters, 
and  that  they  will  not  disclose  how  any  elector  shall  have  voted,  unless 
required  to  do  so  as  a  witness  in  a  judicial  proceeding  or  a  proceeding 
to  contest  an  election. 

Sec.  2640.  In  case  there  shall  be  no  person  present  at  the  opening 
of  any  election  authorized  to  administer  oaths,  it  shall  be  lawful  for  the 
judges  of  the  election  to  administer  the  oaths  to  each  other  and  to  the 
clerks ;  and  such  judges  shall  have  full  power  and  authority  to  administer 
all  oaths  that  may  be  necessary  in  conducting  any  election. 

Sec.  2641.  The  person  who  shall  administer  the  oaths  to  the  judges 
and  clerks  of  any  election  shall  cause  a  certificate  to  be  prefixed  to  the 

poll  books  in  words  to  the  following  effect:     "I  do  certify  that 

and ,  judges,  and and ,  clerks,  of  the  election  held 

in  the  township  of ,  in  the  county  of ,  on  the day  of 

,  in  the  year  one  thousand  eight  hundred  and  ,  were 

severally  sworn  as  the  law  directs  previous  to  entering  on  their  respective 
duties ; ' '  which  certificate  shall  be  subscribed  by  the  persons  administering 
the  oaths,  and  shall  be  considered  as  a  part  of  the  record  of  the  election. 
Act  January  23,  1877,  sees.  10-13. 

SHEEIFF    TO    MAKE    PROCLAMATION. 

Sec.  2642.  It  shall  be  the  duty  of  the  sheriff  of  each  county,  at 
least  twenty  days  before  each  general  election  and  ten  days  before  the 
holding  of  each  special  election,  to  give  public  notice,  by  proclamation 
throughout  the  county,  of  the  time  and  several  places  of  holding  such 
elections  in  his  county  and  the  officers  to  be  elected  at  such  time. 

Sec.  2643.  A  copy  of  such  proclamation  shall  be  set  up  at  each  of 
the  places  fixed  for  holding  such  election  and  two  or  more  of  the  most 
public  places  in  each  township,  and  published  in  a  newspaper,  if  one 
he  published  in  the  county.     /&.,  sees.  8,  9. 


13 


ELECTION     LAWS     OF     ARKANSAS 
MANNEE    OF    VOTING   AND    CONDUCTING   ELECTION. 

Sec.  2644.  All  elections  by  the  people  shall  be  by  ballot.  Every 
ballot  shall  be  numbered  in  the  order  in  which  it  shall  be  received,  and 
the  number  recorded  by  the  election  officers,  on  the  list  of  voters,  opposite 
the  name  of  the  elector  who  presents  the  ballot.  Act  January  23,  1875, 
sec.  23. 

Sec.  2645.  The  polls  shall  be  opened  at  eight  o'clock  a.  m.,  and  shall 
remain  continuously  opened  until  half  past  six  o'clock  p.  m.  Act  March 
i,  1891,  sec.  5. 

Sec.  2646.  The  sheriff  of  the  county  shall  police  the  election  precinct 
and  preserve  order.  He  shall  appoint,  not  exceeding  three,  deputies  at 
each  precinct,  and  shall  allow  no  crowd  to  collect  at  the  polling  place 
nearer  than  herein  provided  for,  and  no  deputy  herein  provided  for, 
while  engaged  in  the  duties  here  prescribed,  shall  in  any  manner  influence, 
or  endeavor  to  influence,  any  person  in  casting  his  vote ;  Provided,  when 
the  sheriff,  for  the  time  being,  shall  be  a  candidate  at  any  election,  it 
shall  be  the  duty  of  the  county  election  commissioners  to  appoint  some 
suitable  person  or  persons  at  each  precinct  to  perform  the  duties  of  the 
sheriff  as  hereinbefore  prescribed,  and  the  said  sheriff  and  his  deputies 
are  hereby  disqualified  to  discharge  said  duty  in  such  cases.     lb.,  sec.  8. 

Sec.  2647.  Except  as  the  electors  are  admitted  and  pass  in,  one  at 
a  time,  to  vote,  no  person  shall,  under  any  pretext  whatever,  be  permitted 
in  the  polling  room,  from  the  opening  of  the  polls  until  the  completion  of 
the  count  of  the  ballots  and  certification  of  the  returns,  except  the  sheriff 
or  deputy,  and  the  judges  and  clerks  of  the  election.  Provided,  the 
attendance  of  the  sheriff  at  the  polling  place  shall  only  be  allowed  upon 
the  request  of  the  judges  of  the  election.  Provided,  further,  If  any 
person  who  demands  admittance  to  the  polling  place  for  the  purpose 
of  voting,  whose  right  to  vote  is  questioned  by  any  elector,  the  said 
challenge  shall  be  communicated  to  the  judges  before  such  person  is 
permitted  to  vote,  by  the  sheriff  or  some  other  officer  or  person  in 
attendance  and  in  charge  of  admission  to  the  polling  place,  and  when  this 
is  the  case  the  witnesses  necessary  to  determine  the  matter  of  the  voter's 
qualifications  shall  be  admitted.  No  elector  shall  be  allowed  to  occupy 
a  booth  or  compartment  for  the  purpose  of  voting,  for  a  longer  time 
than  five  minutes.  If  the  voter  shall  not  have  completed  the  preparation 
of  the  ballot  within  the  time  allowed,  he  may  call  upon  the  judges  to 
assist  in  its  preparation,  or  he  can  withdraw,  after  having  returned  to 
the  judges  the  ballot  delivered  to  him.  After  having  voted,  or  declined 
to  do  so,  the  voter  shall  immediately  depart  from  the  polling  place,  and 
go  beyond  the  prohibited  distance  therefrom.     lb.,  sec.  31. 

Sec.  2648.  The  judge  to  whom  any  ballot  shall  be  delivered  shall, 
upon  receipt  thereof,  pronounce  in  an  audible  voice  the  name  of  the 
elector  from  whom  he  receives  the  ballot,  and  if  no  objection  be  made 
to  him,  and  the  judges  be  satisfied  that  he  is  legally  entitled,  agreeably 

14 


ELECTION     LAWS    OF     ARKANSAS 

to  the  constitution  and  laws  of  the  state,  to  vote  at  the  election,  he  shall 
immediately  number  the  ballot,  as  provided  in  section  2644,  and  put  the 
same  in  the  ballot  box  without  opening  or  in  any  way  inspecting  the 
name  written  or  printed  thereon. 

Sec.  2649.  It  shall  be  the  duty  of  the  clerks  of  election  to  register 
the  names  of  each  and  all  electors  in  the  order  in  which  they  may 
present  their  ballots,  placing  opposite  each  name  its  appropriate  number, 
as  required  by  section  2644.     Act  January  23,  1875,  sees.  31,  32. 

Sec.  2650.  Each  elector  upon  entering  the  polling  room  shall  be 
given  one  ballot  by  the  judges.  Before  delivering  a  ballot  to  an  elector 
at  least  one  of  the  judges  shall  write  his  name  or  initials  on  the  back 
thereof.  On  receiving  his  ballot  the  elector  shall  forthwith,  and  without 
leaving  the  polling  room,  retire  alone  to  one  of  the  booths  provided  for 
that  purpose,  and  there  prepare  his  ballot.  He  shall  scratch  off,  erase 
or  cross  out  the  names  of  all  candidates  except  those  for  whom  he  wishes 
to  vote,  and  write  the  name  of  any  person  for  whom  he  may  wish  to 
vote  whose  name  is  not  printed  where  he  would  have  it,  or  not  printed 
on  the  ballot  at  all.  In  the  ease  of  a  constitutional  amendment  or  other 
question,  as,  for  instance,  "For  License,"  or  "Against  License,"  which 
the  county  election  commissioners  shall  cause  to  be  printed  on  the  ballots 
whenever  the  question  of  liquor  license  is  to  be  voted  on,  the  elector  shall 
cross  out  parts  of  his  ballot  in  such  manner  that  the  remaining  part  shall 
be  as  he  wishes  to  vote.  After  thus  preparing  his  ballot  the  elector 
shall  fold  the  same  so  as  to  conceal  the  face  thereof,  and  show  the  name 
or  initials  of  the  judge  on  the  back,  and  hand  it  to  the  receiving  judge, 
who  shall  call  out  the  name  of  the  elector,  the  number  of  the  ballot,  and 
write  the  number  on  the  ballot  and  then  deposit  it  in  the  ballot  box  in 
the  sight  of  the  elector,  who  shall  then  immediately  leave  the  room  and 
go  beyond  the  prohibited  distance. 

Sec.  2651.  Any  voter  who  shall,  by  accident  or  mistake,  spoil  any 
ballot  so  that  he  cannot  conveniently  or  safely  vote  the  same,  may  return 
it  to  the  judges  and  receive  another  in  the  place  thereof.  In  no  case 
shall  any  person  be  permitted  to  carry  a  ballot  outside  of  the  polling 
room. 

Sec.  2652.  Any  elector  who  shall  tell  the  judges  that  he  cannot 
read  or  write,  or  that  by  reason  of  any  physical  disability  he  is  unable 
to  mark  his  ballot,  may  have  the  assistance  of  two  of  the  judges  in  the 
preparation  of  his  ballot,  who,  in  the  presence  of  the  elector  and  in  the 
presence  of  each  other,  shall  prepare  his  ballot  for  him  as  he  washes  to 
vote  it.  But  before  any  such  elector  shall  be  required  or  permitted  to 
tell  how  he  wishes  his  ballot  made  up,  or  for  whom  he  wishes  to  vote,  all 
electors,  including  those  in  the  booths,  shall  be  required  to  withdraw 
from  the  polling  room. 

Sec.  2653.     No  ballot  shall  be  received  from  any  elector  or  deposited 

15 


ELECTION     LAWS     OF     ARKANSAS 

in  the  ballot  box  which  does  not  have  the  name  or  initials  of  at  least  one 
of  the  judges  indorsed  on  the  back  of  it. 

Sec.  2654.  Any  person  taking  or  carrying  any  ballot  obtained  from 
any  judge  outside  of  the  polling  room,  or  having  in  his  possession  outside 
of  the  polling  room  before  the  closing  of  the  polls,  any  ballot  provided 
by  any  county  election  commissioners,  as  prescribed  in  this  act,  or  any 
paper  purporting  to  be  such  a  ballot,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  and  imprisoned 
in  the  county  jail  not  less  than  one  month  nor  more  than  six  months. 
Act  March  4,  1891,  sees.  32-36. 

Sec.  2655.  In  precincts  in  which  more  than  one  hundred  votes  were 
cast  at  the  election  next  preceding  the  one  then  being  held,  where  the 
electors  consist  of  persons  belonging  to  the  different  races,  the  judges 
of  election  and  the  sheriff  in  attendance  shall,  when  there  are  persons 
of  both  races  present  and  ready  to  vote,  so  conduct  admittance  to  the 
voting  place  as  to  permit  persons  of  the  white  and  colored  races  to  east 
their  votes  alternately.     lb.,  sec.  7. 

Sec.  2656.  No  officer  of  election  shall  do  any  electioneering  on 
election  day.  No  person  whomsoever  shall  do  any  electioneering  in  any 
polling  room,  or  within  one  hundred  feet  of  any  polling  room  on  election 
day.  No  person  shall  at  or  before  any  election,  directly  or  indirectly, 
hire  or  bribe  any  elector  to  vote  for  or  against  the  nominee  of  any 
political  party,  or  for  or  against  any  particular  question  or  candidate, 
by  any  threat  or  warning  of  personal  violence  or  injury,  or  by  any  threat 
or  warning  of  ejectment  from  rented  or  leased  premises,  or  by  the 
foreclosure  of  any  mortgage  or  deed  of  trust,  or  of  any  action  at  law 
or  equity,  or  of  discharge  from  employment,  or  of  expulsion  from 
membership  in  any  church,  lodge,  secret  order  or  benevolent  society,  or 
by  any  oath,  or  affirmation  or  secret  written  pledge.  Nor  shall  any 
elector  take  or  receive  any  money  or  other  valuable  thing,  or  the  promise 
of  any  money  or  other  valuable  thing,  in  consideration  that  he  shall  or 
will  vote  for  or  against  any  candidate  for  office,  or  for  or  against  any 
candidate  or  question,  or  shall  promise  to  vote  for  or  against  any  such 
candidate  or  question.  Any  violation  of  this  section  shall  be  deemed  a 
felony,  and  on  conviction,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three  years.  Ih., 
sec.  39. 

PENALTIES  FOB  VIOLATING  THESE   LAWS. 

Sec.  2657.  Every  public  officer,  upon  whom  any  duty  is  imposed 
by  this  act,  who  shall  willfully  neglect  or  omit  to  perform  such  duty, 
or  who  shall  do  anything  which  is  by  this  act  forbidden,  other  than  the 
things  specifically  enumerated  in  sections  2618  and  2658,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished 

16 


ELECTION    LAWS    OF     ARKANSAS 

by  removal  from  office,  and  imprisonment  in  the  county  jail  not  less 
than  six  months  nor  more  than  twelve  months,  or  by  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by  both 
such  fine  and  imprisonment.     /&.,  sec.  38. 

Sec.  2658.  Any  election  officer  or  other  person  whomsoever  who 
shall  willfully  make  a  false  count  of  any  election  ballots,  or  falsely  or 
fraudulently  certify  the  returns  of  any  election,  or  steal,  destroy,  secrete 
or  otherwise  make  way  with  any  election  ballot,  tally  sheet,  certificate  or 
ballot  box,  either  before  or  after  the  closing  of  the  polls,  shall  be  deemed 
guilty  of  a  felony,  and  on  conviction  thereof,  punished  by  imprisonment 
at  hard  labor  in  the  penitentiary  not  less  than  two  years  nor  more  than 
seven  years. 

Sec.  2659.  Any  violation  of  this  act  by  any  election  officer,  or  other 
person  whomsoever,  except  a  state  or  county  officer,  for  which  no 
punishment  is  elsewhere  specifically  prescribed  in  this  act,  shall  be 
deemed  a  misdemeanor  and  punishable  as  in  this  act  provided  for 
misdemeanors.     Ih.,  sees.  43,  44. 

COUNTING  THE   BALLOTS— BETUENS,   ETC. 

Sec.  2660.  At  the  closing  of  the  polls,  the  poll  books  shall  be  signed 
by  the  judges  and  attested  by  the  clerks,  and  the  names  therein  shall  be 
counted  and  the  number  set  down  at  the  foot  of  the  poll  books.  After 
the  poll  books  are  signed,  the  ballot  box  shall  be  opened,  and  the  ballots 
therein  contained  shall  be  taken  out  one  by  one,  at  a  time,  by  one  of  the 
judges,  who  shall  read  distinctly,  while  the  ballot  remains  in  his  hands, 
the  name  or  names  contained  therein,  and  then  deliver  it  to  the  second 
judge,  who  shall  examine  the  same  to  see  that  there  is  no  mistake,  and 
pass  it  to  the  third  judge,  who  shall  examine  and  carefully  preserve  the 
same.  The  same  method  shall  be  observed  in  respect  to  each  of  the 
ballots  in  the  ballot  box,  until  the  number  of  ballots  taken  out  of  the 
ballot  box  is  equal  to  the  names  in  the  poll  books. 

Sec.  2661.  When  two  or  more  ballots  are  found  folded  together,  it 
shall  be  considered  as  conclusive  evidence  of  their  being  fraudulent,  and 
neither  of  them  shall  be  counted. 

Sec.  2662.  If  a  ballot  shall  be  found  to  contain  a  greater  number 
of  names  for  any  one  office  than  the  number  of  persons  required  to  fill 
said  office,  it  shall  be  considered  fraudulent  as  to  the  whole  of  the  names 
designated  to  fill  said  office,  but  no  further. 

Sec.  2663.  A  ballot  shall  not  be  considered  fraudulent  for  con- 
taining a  less  number  of  names  than  are  authorized  to  be  inserted.  Act 
January  23,  1875,  sees.  33,  36-38. 

Sec.  2664.  If  for  any  reason  the  judges  shall  deem  it  proper  to  do 
so,  they  may  adjourn  the  count  for  any  reasonable  period,  not  beyond 
the  day  succeeding  that  on  which  the  election  is  held.  Pending  the 
making  of  the  count,  any  judge  shall  have  the  right  to  remain  with  the 

17 


ELECTION    LAWS    OF     ARKANSAS 

ballot  box,  but  during  the  time  for  which  the  count  is  adjourned,  a  safe 
place  of  deposit  may  be  agreed  upon  by  all  of  the  judges. 

Sec.  2665.  After  the  examination  of  the  ballots  shall  be  completed, 
the  number  of  votes  cast  for  each  person  shall  be  enumerated  under  the 
inspection  of  the  judges,  who  shall  prepare  and  sign  in  duplicate  a 
certificate  showing  the  number  of  votes  given  for  each  person,  and  the 
office  for  which  such  votes  were  given,  which  certificates  shall  be  attested 
by  the  clerks.  And  after  making  such  certificate,  the  judges,  before  they 
disperse,  shall  put  under  cover  one  of  said  tally  sheets,  certificates  and 
poll  books  and  seal  the  same,  and  direct  it  to  the  board  of  county  election 
commissioners. 

Sec.  2666.  The  said  certificate  and  the  ballots,  sealed  in  separate 
packages,  shall  be  conveyed  by  one  of  the  judges,  to  be  determined  by  lot, 
if  they  cannot  otherwise  agree,  to  the  county  election  commissioners, 
within  three  days  after  the  close  of  the  polls;  and  the  other  certificate, 
tally  sheets  and  poll  books  shall  be  retained  by  the  judges,  free  for  the 
inspection  of  all  persons.  It  shall  be  the  duty  of  the  judges  of  election 
of  the  several  precincts,  after  the  ballots  shall  have  been  inspected  and 
counted,  to  securely  envelope  all  such  ballots  and  send  the  same  together 
with  the  certificate,  tally  sheets  and  poll  book  as  aforesaid  to  the  county 
election  commissioners,  to  be  kept  as  hereinafter  provided. 

Sec.  2667.  If  any  judge  of  election,  on  whoin  the  lot  may  fall  to 
carry  such  ballots,  certificates,  tally  sheets  and  poll  books  to  the  election 
commissioners,  shall  neglect  or  refuse  to  perform  the  service  according 
to  the  provisions  of  this  act;,  he  shall  forfeit  the  sum  of  two  hundred 
dollars  to  be  recovered  by  indictment,  or  by  action  of  debt,  in  the  name 
of  the  state  for  the  use  of  the  county. 

Sec.  2668.  If  any  judge  of  election  in  any  precinct,  whose  duty  it 
may  be,  should  fail  to  deliver  to  the  county  election  commissioners  the 
certificate,  tally  sheets,  poll  books  and  ballots  within  three  days,  on  the 
fourth  day  the  said  commissioners  shall  dispatch  a  messenger  to  bring  up 
the  same,  or  the  duplicate  certificate,  tally  sheets,  poll  book  and  ballots, 
in  which  case  the  return  shall  not  be  compared  until  the  seventh  day, 
and  all  expense  incurred  by  sending  the  messenger  shall  be  paid  by  the 
defaulting  judge  of  election. 

ASCERTAINING  AND  DECLAEINO  THE  RESULT. 

Sec.  2669.  As  soon  as  the  returns  from  all  of  the  precincts  are 
received,  but  in  no  event  later  than  the  seventh  day  after  the  election, 
the  county  election  commissioners  shall,  from  the  certificates  and  ballots 
received  from  the  several  precincts,  proceed  to  ascertain  and  declare  the 
result  of  said  election,  and  shall  within  fifteen  days  after  the  day  of  said 
election,  deliver  a  certificate  of  his  election  to  any  person  having  the 
highest  number  of  legal  votes  for  member  of  the  house  of  representatives 
or  any  county  or  township  office ;  and  the  said  commissioners  shall  also  file 

18 


ELECTION    LAWS    OF     AEKANSAS 

in  the  office  of  the  clerk  of  the  circuit  court  a  certificate  setting  forth  in 
details  the  result  of  said  election.  The  commissioners  of  election  shall, 
within  two  days  after  the  comparison  and  examination  of  the  returns 
of  any  election,  deposit  in  the  nearest  post  office,  on  the  most  direct  route 
to  the  seat  of  government,  certified  copies  of  the  abstracts  of  the  returns 
of  the  election  for  members  of  congress  and  all  executive,  legislative  and 
judicial  officers,  directed  to  the  secretary  of  state,  and  they  shall,  at  the 
time,  enclose  in  a  separate  envelope  and  direct  to  the  speaker  of  the 
house  of  representatives,  in  care  of  the  secretary  of  state,  at  the  seat  of 
government,  a  certified  copy  of  the  abstract  of  votes  given  for  governor, 
secretary  of  state,  auditor  of  state,  treasurer  of  state  and  attorney 
general.  It  is  made  the  duty  of  the  secretary  of  state  to  safely  keep  the 
returns  addressed  to  the  speaker  of  the  house  of  representatives  until 
the  same  shall  be  required,  for  the  purpose  of  ascertaining  and  declaring 
the  result  of  the  election,  as  prescribed  in  section  three,  article  six,  of  the 
constitution. 

Sec.  2670.  At  any  time  before  the  county  election  commissioners 
shall  finally  complete  the  canvass  of  the  returns  and  make  declaration  of 
the  result  thereof,  any  candidate  voted  for  who  may  be  dissatisfied  with 
the  returns  from  any  precinct  may  have  a  recount  of  the  votes  cast 
therein,  by  presenting  to  the  county  election  commissioners  a  petition 
showing  reasonable  grounds  for  believing  that  the  return,  as  made  by 
the  judges  of  election,  does  not  give  a  correct  statement  of  the  vote  as 
actually  cast,  as  the  same  is  shown  by  the  ballots  returned  with  the 
certificate  of  the  judges.  Upon  the  prayer  of  such  petition  being  granted 
the  commissioners  shall  open  the  package  containing  the  said  ballots  and 
proceed  to  recount  the  same  in  the  manner  prescribed  by  law  for  the 
count  to  be  made  by  the  judges  in  the  first  instance,  and  the  result  as 
found  upon  such  recount,  if  the  same  differs  from  that  certified  by  the 
judges,  shall  be  included  in  the  canvass  as  the  vote  for  the  particular 
precinct  for  which  said  recount  was  ordered  and  made.  After  the 
recount  is  completed,  the  ballots  shall  again  be  sealed  and  kept  as  herein 
provided. 

DISPOSITION   OF   BALLOTS  AND    CEETIFICATES. 

Sec.  2671.  The  county  election  commissioners  shall  retain  the  cus- 
tody of  and  safely  keep  all  ballots  and  certificates  returned  to  them  from 
the  several  precincts  for  a  period  of  six  months,  after  which  time  the 
same  shall  be  destroyed,  unless  the  commissioners  shall  be  sooner  notified 
in  w^riting  that  the  election  of  some  persons  voted  for  at  such  election  and 
declared  to  have  been  elected,  has  been  contested,  or  that  criminal  prose- 
cution has  been  begun  against  any  officer  of  election,  or  person  voting 
thereat,  for  any  fraud  in  said  election,  before  a  tribunal  of  competent 
jurisdiction,  in  which  event,  so  many  of  said  ballots  and  certificates  as 
may  relate  to  matters  involved  in  said  contest,  or  any  prosecution,  shall 

19 


ELECTION     LAWS     OF     AEKANSAS 

be  preserved  for  use  as  evidence  in  such  contest  or  prosecution.  During 
the  time  such  ballots  may  be  retained,  the  package  containing  the  same 
shall  not  be  opened  by  any  one  unless  directed  to  do  so  by  some  competent 
tribunal  before  which  an  election  contest  or  prosecution  is  pending,  in 
which  such  ballots  are  to  be  used  as  evidence.  Any  person  violating  the 
provisions  of  this  section,  or  who  shall  disclose  how  any  elector  may  have 
voted,  unless  compelled  to  do  so  in  a  proceeding  pending  as  aforesaid, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars.     Act  March  4,  1891,  sees.  10-16. 

COMPENSATION  OF  COUNTY  BOABD. 

Sec.  2672.  The  members  of  the  county  board  of  election  commis- 
sioners shall  each  receive  for  his  service  the  sum  of  two  dollars  per  day 
for  each  day  actually  engaged  in  the  duties  of  his  office,  but  in  no  event 
shall  the  number  of  days  charged  for  exceed  ten,  for  services  to  be 
rendered  in  connection  with  any  particular  election.     lb.,  sec.  48. 

PEES  OP  JUDGES  AND  CLEEKS  OP  ELECTION. 

Sec.  2673.  The  judges  and  clerks  of  the  election  shall  receive  one 
dollar  per  day  for  each  day  they  may  be  engaged  in  holding  an  election, 
to  be  paid  by  the  order  of  the  county  court,  as  other  county  expenses. 

Sec.  2674.  There  shall  be  allowed  to  each  judge  of  the  election 
carrying  the  returns  from  his  township  to  the  county  board  of  election 
commissioners,  five  cents  per  mile  in  going  and  returning  from  the  place 
of  holding  the  election  to  the  office  of  said  board,  to  be  paid  by  the  county. 

Sec.  2675.  The  county  election  commissioners  shall  certify  to  the 
county  court  the  per  diem  of  judges  and  clerks  of  election,  and  the 
mileage  of  the  judge  carrying  the  returns  to  the  clerk's  office  for 
allowance.  Act  February  25,  1875,  sees.  49,  50,  51,  as  modified  by  sec. 
49,  Act  March  4,  1891. 

EXPENSES    OP   ELECTION. 

Sec.  2676.  All  printing,  and  other  things  required  by  this  act  to 
be  done,  except  the  posting  of  municipal  nominations  alone,  and  the 
printing  of  ballots  to  be  used  exclusively  in  municipal  elections,  shall 
be  at  the  expense  of  the  several  counties  in  which  they  shall  be  done, 
respectively,  and  shall  be  defrayed  in  the  same  manner  as  other  county 
general  expenses  are  defrayed. 

Sec.  2677.  Sheriffs  being  allowed  the  same  fees  for  services  per- 
formed hereunder  as  for  similar  services  for  which  fees  are  fixed  by  law. 
Act  March  4,  1891,  sec.  42. 


20 


ELECTION    LAWS    OF    AEKANSAS 
ELECTION    PEECINCTS,    CHANGES,    ETC. 

Sec.  2678.  The  county  election  commissioners  are  empowered  to 
alter  the  boundaries  of  existing  election  precincts  and  to  establish  new 
ones  when,  in  their  judgment,  it  may  be  necessary,  and  to  tix  a  place 
in  each  election  precinct  where  the  election  shall  be  held ;  and  in  changing 
the  boundaries  of  existing  precincts,  or  in  creating  new  ones,  the  said 
commissioners  shall  so  arrange  the  same  that  all  qualified  voters  residing 
therein  may  vote  on  the  same  day.  Provided,  The  said  commissioners 
shall  not  have  power  to  change  the  boundaries  of  existing  precincts,  or 
to  create  any  new  precinct,  or  to  change  the  voting  place  in  any  precinct, 
within  thirty  days  of  any  election,  but  all  such  elections  shall  be  held  at 
the  places,  and  within  the  boundaries,  as  the  same  existed  thirty  days 
before  the  date  of  said  election. 

The  action  of  said  commissioners  in  changing  the  voting  place  in  any 
precinct,  or  in  altering  the  boundary  of  any  precinct,  or  in  establishing 
any  new  one,  shall  be  entered  in  the  record  to  be  kept  by  them,  and  a  copy 
of  said  order  shall  set  out  intelligently  and  accurately  the  boundaries  of 
said  precincts  as  so  altered  or  established,  shall  be  filed  with  the  clerk 
of  the  county  court,  who  shall  record  the  same  at  full  length  on  the 
record  book  in  which  the  minutes  of  the  proceedings  of  the  county  court 
are  recorded.  If  the  county  election  commissioners  shall  fail  to  fix  a 
place  in  any  precinct  at  which  the  election  is  to  be  held,  it  shall  be  the 
duty  of  the  sheriff  to  fix  temporarily  a  place  of  holding  said  election. 
Notice  of  any  change  made  shall  be  given  to  the  electors  by  posters  put 
up  in  at  least  five  public  places  in  such  precinct.  All  voting  places  shall 
be  fixed  at  well-known  points  in  the  several  precincts  and  easily  accessible 
to  all  electors  entitled  to  vote  therein.     Ih.,  sec.  6. 

BETURNS  IN  SENATORIAL  DISTRICTS. 

Sec.  2679.  In  all  senatorial  districts  composed  of  two  or  more 
counties,  the  election  boards  of  all  the  counties  in  the  district  shall 
transmit  to  the  election  board  of  the  county  first  named  in  the  district, 
within  ten  days  after  such  election,  a  certified  copy  of  the  abstract  of 
the  senatorial  election  in  each  county. 

Sec.  2680.  The  election  board  of  the  county  to  which  such  returns 
shall  be  made,  after  examining  the  same,  shall  give  the  person  having  the 
highest  number  of  votes  a  certificate  of  his  election. 

Sec.  2681.  Compensation  shall  be  allowed  to  the  messenger 
employed  to  convey  the  returns  of  any  senatorial  election  to  the  county 
boards  in  the  district  to  whom  such  returns  are  required  to  be  made,  at 
the  rate  of  ten  cents  per  mile,  going  and  returning,  to  be  paid  by  the 
county  sending  such  returns.  Act  January  23,  1875,  sees.  54,  55  and  87, 
as  amended  hy  sec.  49,  act  March  4,  1891. 


21 


ELECTION    LAWS    OF     AEKANSAS 
FBOCEEDINGS  WHEN  BETUBNS  ABE  NOT  MADE. 

Sec.  2682.  If  there  shall  be  a  failure  to  receive  at  the  seat  of 
government  the  copy  of  the  returns  from  any  county,  intended  either  for 
the  secretary  of  state,  or  the  speaker  of  the  house  of  representatives,  for 
two  days  after  the  same  is  due,  the  secretary  of  state  shall  dispatch  a 
messenger  to  the  county  from  which  said  returns  have  not  been  received, 
with  directions  to  bring  up  such  returns  or  copies  thereof.  If  such 
failure  shall  happen  by  neglect  of  the  county  election  commissioners, 
they  shall  forfeit  to  the  state  the  sum  of  one  hundred  dollars,  together 
with  the  expense  of  such  messenger,  to  be  recovered  by  action  of  debt 
before  any  court  having  jurisdiction  thereof.     Act  March  4,  1891,  sec.  17. 

CANVASS  or  VOTES  BY  SECEETABY  OF  STATE. 

Sec.  2683.  It  shall  be  the  duty  of  -the  secretary  of  state,  in  the 
presence  of  the  governor,  within  thirty  days  after  the  time  herein 
allowed  to  make  returns  of  election  by  the  county  election  commissioners, 
or  sooner,  if  all  the  returns  shall  have  been  received,  to  cast  up  and 
arrange  the  votes  from  the  several  counties,  or  such  of  them  as  may  have 
made  returns,  for  each  person  voted  for  as  member  of  congress;  and 
the  governor  shall  immediately  thereafter  issue  his  proclamation,  declar- 
ing the  person  having  the  highest  number  of  votes  to  be  duly  elected  to 
represent  this  state  in  the  house  of  representatives  of  the  congress  of  the 
United  States,  and  shall  grant  a  certificate  thereof,  under  the  seal  of  the 
state,  to  the  person  so  selected. 

Sec.  2684.  Should  any  two  or  more  persons  have  an  equal  number 
of  votes,  and  a  higher  number  than  any  other  person,  the  governor,  in 
such  case,  shall  issue  his  proclamation,  giving  notice  of  such  fact,  and 
that  an  election  will  be  held  at  the  several  places  of  holding  elections  in 
the  district  for  such  member  of  congress,  in  which  he  shall  mention  the 
day  on  which  the  election  is  to  be  held,  and  it  shall  be  conducted,  and 
returns  thereof  made,  agreeably  to  the  provisions  of  this  act. 

Sec.  2685.  It  shall  be  the  duty  of  the  secretary  of  state,  in  the 
presence  of  the  governor,  within  thirty  days  after  the  time  herein 
allowed  to  make  returns  of  elections  by  county  election  commissioners,  or 
sooner,  if  all  the  returns  shall  have  been  received,  to  cast  up  and  arrange 
the  votes  from  the  several  counties  for  each  person  voted  for  for  any 
legislative,  judicial  or  executive  office,  except  the  offices  named  in  section 
3,  article  VI,  of  the  constitution ;  and  such  persons  as  shall  have  received 
the  highest  number  of  votes  for  judge  of  the  supreme  court,  commissioner 
of  state  lands;  judges  of  the  circuit  court  and  prosecuting  attorneys,  in 
their  respective  districts  or  circuits;  judges  of  the  county  and  probate 
court,  circuit  clerk,  county  clerk,  sheriff,  coroner,  surveyor  and  assessor, 
in  their  respective  counties ;  and  justices  of  the  peace,  in  their  respective 
townships,  and  all  other  officers  required  by  law,  shall  be  immediately 
commissioned  by  the  governor. 

22 


ELECTION     LAWS     OF     ARKANSAS 

Sec.  2686.  If  two  or  more  persons  have  an  equal  number  of  votes 
for  the  same  office,  and  a  higher  number  than  any  other  person,  the 
governor,  in  such  case,  shall  issue  a  writ  of  election,  directed  to  the 
sheriff  of  the  proper  county  or  counties  in  which  such  election  shall  be 
held,  on  a  day  therein  named,  for  the  purpose  of  electing  any  legislative, 
judicial  or  executive  officer,  except  the  officers  named  in  section  3, 
article  VI,  of  the  constitution,  and  constables,  where  there  appears  to 
be  a  tie  vote. 

Sec.  2687.  It  shall  be  the  duty  of  the  secretary  of  state,  on  the 
first  day  of  each  regular  session  of  the  general  assembly,  to  lay  before 
each  house  a  list  of  members  elected  agreebaly  to  the  returns  in  his 
office. 

CANVASS  OF  VOTES  FOE   STATE   OFFICERS.  • 

Sec.  2688.  The  speaker  of  the  house  of  representatives,  during  the 
first  week  of  the  session  after  each  election  for  governor,  secretary  of 
state,  treasurer  of  state,  auditor  of  state  and  attorney  general,  shall,  in 
the  presence  of  both  houses  of  the  general  assembly,  open  and  publish 
the  votes  cast  and  given  for  each  of  the  respective  officers  hereinbefore 
mentioned.  The  person  having  the  highest  number  of  votes  for  each  of 
the  respective  offices  shall  be  declared  duly  elected  thereto;  but  if  two 
or  more  shall  be  equal  and  highest  in  votes  for  the  same  office,  one  of 
them  shall  be  chosen  by  a  joint  vote  of  both  houses  of  the  general 
assembly,  and  a  majority  of  all  the  members  elected  shall  be  necessary 
to  a  choice.  The  president  of  the  senate  and  the  speaker  of  the  house 
of  representatives  shall  make  and  deposit  in  the  office  of  the  secretary  of 
state  a  certificate  declaring  what  persons  have  been  elected  to  any  offices 
named.  Act  January  23,  1875,  sees.  60-64,  as  amended  hy  sec.  49,  act 
March  4,  1891. 

VACANCIES  IN  OFFICE,  ELECTIONS  TO  FILL. 

Sec.  2689.  When  any  vacancy  shall  happen  in  the  office  of  a 
member  of  congress  from  this  state  by  death,  resignation,  removal  or 
otherwise,  it  shall  be  the  duty  of  the  governor,  by  proclamation,  to  order 
the  several  county  election  boards  to  order  an  election  to  be  held,  on  a 
certain  day  to  be  named  in  such  proclamation,  to  supply  such  vacancy, 
and  such  election  shall  be  conducted  in  the  same  manner,  and  returns 
thereof  made,  as  herein  prescribed  for  general  elections. 

Sec.  2690.  Whenever  the  office  of  governor  shall  have  become 
vacant  by  death,  resignation,  removal  from  office  or  otherwise,  provided 
such  vacancy  shall  not  happen  within  twelve  months  next  before  the 
expiration  of  the  term  of  office  for  which  the  late  governor  shall  have 
been  elected,  the  president  of  the  senate  or  speaker  of  the  house  of 
representatives,  as  the  case  may  be,  exercising  the  powers  of  governor  for 
the  time  being,  shall  immediately  cause  an  election  to  be  held  to  fill  such 

23 


ELECTION    LAWS    OF     ARKANSAS 

vacancy,  giving,  by  proclamation,  sixty  days'  previous  notice  thereof, 
which  election  shall  be  governed  by  the  same  rules  prescribed  for  general 
elections  of  governor,  as  far  as  applicable;  the  returns  shall  be  made  to 
the  secretary  of  state,  and  the  acting  governor,  secretary  of  state  and 
attorney  general  shall  constitute  a  board  of  canvassers,  a  majority  of 
whom  shall  compare  said  returns  and,  declare  who  is  elected ;  and  if  there 
be  a  contested  election  the  same  shall  be  decided  as  contests  for  the  office 
of  supreme  judge.     Ih.,  sees.  65,  66. 

Sec.  2691.  If  a  vacancy  shall  occur  in  either  of  the  offices  created 
by  article  VII  of  the  constitution,  by  death,  resignation,  removal  from 
the  state,  circuit,  township,  or  otherwise,  if  such  vacancy  is  required  by 
section  50,  article  VII,  of  the  constitution  to  be  filled  by  special  election, 
except  the  office  of  constable ;  it  shall  be  the  duty  of  the  governor  to  issue 
a  writ  of  election  to  fill  such  vacancy,  directed  to  the  board  of  election 
commissioners  of  the  proper  county  or  counties,  which  election  shall  be 
holden  on  a  day  named  in  said  writ  of  election,  and  the  person  so 
elected  to  fill  a  vacancy  shall  hold  his  office  for  the  unexpired  term  of 
his  predecessor,  and  until  his  successor  is  elected  and  qualified. 

Sec.  2692.  All  special  elections  which  may  be  held  by  virtue  of  the 
provisions  of  sections  2684,  2686,  2689  and  2691,  whether  in  the  case  of 
a  tie  or  to  fill  a  vacancy,  shall  be  holden  within  thirty  days  from  the  date 
of  the  writ  of  election,  and  when  such  election  shall  be  holden  for  the 
purpose  of  electing  a  judge  of  the  supreme,  chancery,  or  circuit  courts, 
or  prosecuting  attorney,  the  governor  shall  cause  a  copy  of  such  writ  of 
election  to  be  published  in  one  of  the  newspapers  at  the  seat  of  govern- 
ment, and  in  all  the  newspapers  within  the  circuit  in  which  such  election 
is  to  be  held.     Ih.,  sees.  69,  70. 

CONTESTED  ELECTIONS. 

Sec.  2693.  If  the  election  of  any  supreme  judge,  or  commissioner  of 
state  lands,  be  contested,  it  shall  be  before  the  circuit  court  of  Pulaski 
county.  If  the  election  of  any  circuit  judge,  prosecuting  attorney,  chan- 
cellor, a  judge  of  the  county  and  probate  court,  be  contested,  it  shiall  be 
before  the  circuit  court  of  the  county  where  the  defendant  or  contestee 
resides,  or  the  county  where  the  contestant  resides  and  the  contestee 
may  be  found. 

Sec.  2694.  All  actions  to  contest  the  election  of  supreme  judges 
shall  be  commenced  within  one  year  after  the  election  or  commissioning 
of  said  judges,  and  actions  for  contesting  the  elections  of  all  other 
officers  herein  mentioned  within  six  months  after  they  are  elected  or 
commissioned. 

Sec.  2695.  All  actions  or  proceedings  for  contests  as  herein  men- 
tioned shall  be  by  complaint  filed  in  the  circuit  court  as  other  actions 
at  law,  in  which  the  contestant  shall  plainly  and  fully  set  forth  the 
grounds  upon  which  the  contest  is  found,  and  upon  the  trial  of  the 

24 


ELECTION     LAWS     OF     ARKANSAS 

same  he  shall  be  confined  to  such  grounds  as  are  therein  mentioned,  but 
may  amend  the  same  in  such  manner  and  upon  such  terms  as  do  not 
prejudice  his  opponent. 

Sec.  2696.  If  the  contestant  shall  succeed  in  his  action,  he  shall  not 
only  have  a  judgment  of  ouster,  but  for  damages,  not  exceeding  the 
salary  and  fees  of  the  office  during  the  time  he  was  excluded  therefrom, 
with  costs  of  suit ;  Provided,  either  party  shall  have  the  right  to  appeal, 
with  or  without  supersedeas,  as  in  other  cases  at  law.     Ih.,  sees.  67,  68. 

Sec.  2697.  When  the  election  of  any  clerk  of  the  circuit  court, 
sheriff,  coroner,  county  surveyor,  county  treasurer,  county  assessor, 
justice  of  the  peace,  constable,  or  any  other  county  or  township  officer, 
the  contest  of  which  is  not  otherwise  provided  for,  shall  be  contested,  it 
shall  be  before  the  county  court,  and  the  person  contesting  any  such 
election  shall  give  the  opposite  party  notice  in  writing  ten  days  before 
the  term  of  the  court  at  which  such  election  shall  be  contested,  specifying 
the  grounds  on  which  he  intends  to  rely,  and  if  any  objections  be  made 
to  the  qualifications  of  voters,  the  names  of  such  voters,  with  the 
objections,  shall  be  stated  in  the  notice,  and  the  parties  shall  be  allowed 
process  for  witnesses. 

Sec.  2698.  Either  party  may,  on  giving  notice  thereof  to  the  other, 
take  depositions  to  be  read  in  evidence  on  the  trial,  and  the  court  shall, 
at  the  first  term  (if  fifteen  days  shall  have  elapsed  after  such  election, 
and  if  less  than  fifteen,  then  at  the  second  term)  in  a  summary  manner, 
determine  the  same  according  to  evidence. 

Sec.  2699.  If  the  court  shall  be  of  the  opinion  that  the  person 
proclaimed  elected  is  not  duly  elected,  and  the  person  contesting  is 
elected,  an  order  shall  be  entered  to  that  effect,  and  a  copy  thereof  shall 
forthwith  be  transmitted  to  the  governor,  who  shall  commission  the 
person  declared  duly  elected  by  such  order. 

Sec.  2700.  If  the  person  proclaimed  duly  elected  shall  have  been 
commissioned  previous  to  making  the  order  annulling  his  election,  it  shall 
be  the  duty  of  the  governor  to  cause  such  person  to  be  notified  that  his 
commission  is  revoked. 

Sec.  2701.  Nothing  in  this  act  shall  be  construed  so  as  to  make  void 
any  act  of  the  person  so  commissioned  that  would  otherwise  have  been 
lawful.     lb.,  sees.  71-75. 

CONTESTANT    TO    GIVE    BOND   FOE    COSTS. 

Sec.  2702.  In  all  suits  brought  in  any  of  the  circuit  courts,  or  in 
any  of  the  county  courts  in  this  state,  to  contest  the  election  of  any 
state,  district,  circuit,  county  or  township  officer,  the  contestant  shall  be 
required  to  enter  into  a  bond,  with  good  and  sufficient  security,  to  be 
approved  by  the  clerk  of  the  court  in  which  such  suit  shall  be  brought, 
conditioned  that  the  contestant  and  his  securities  will  pay  to  the  contestee 
or  defendant  in  the  action  and  the  officers  of  court  such  of  money  as 

25 


ELECTION    LAWS    OF     ARKANSAS 

shall  be  adjudged  against  him  in  the  court  in  which  the  suit  shall  be 
brought  or  in  any  other  court  to  which  it  shall  be  carried  by  appeal  or 
otherwise. 

Sec.  2703.  The  contestant  in  such  suits  as  are  contemplated  in  the 
preceding  section,  shall  not  proceed  with  his  case  in  any  manner,  save 
filing  his  complaint,  or  take  any  testimony  in  his  case  until  he  shall  have 
filed  in  the  clerk's  office  and  obtained  the  approval  of  such  a  bond  as  is 
contemplated  in  said  section. 

Sec.  2704.  If,  upon  the  trial  of  any  such  suit  as  is  mentioned  in 
section  2702,  judgment  shall  be  rendered  against  the  contestant,  judg- 
ment shall  immediately  be  rendered  against  him  and  his  securities  in  the 
bond  for  costs  in  favor  of  the  contestee  or  defendant  in  the  action  and  the 
officers  of  court  for  the  amount  due  them  as  costs  in  the  case.  Act 
February  24,  1879,  sees.  1,  2  and  4. 

CONTESTING  ELECTION  OF  SENATOES  AND  BEPRESENTATIVES. 

Sec.  2705.  If  any  candidate  of  the  proper  county  or  district  con- 
tests any  election  of  any  person  returned  duly  elected  to  the  state  senate 
or  house  of  representatives,  such  person  shall  give  notice  thereof,  in 
writing,  to  the  person  whose  election  he  contests,  or  leave  a  written  notice 
thereof  at  the  house  where  such  person  last  resided,  within  twenty  days 
after  the  return  of  the  election  to  the  office  of  county  election  commis- 
sioners, expressing  the  points  on  which  the  same  will  be  contested  and 
the  names  of  the  two  justices  of  the  peace  who  will  attend  to  the  taking 
of  the  depositions,  and  when  and  where  they  will  attend  to  take  the 
same.  Act  January  23,  1875,  sec.  76,  as  amended  by  sec.  49,  act  March 
4,  1891. 

Sec.  2706.  The  time  for  taking  depositions  in  chief  on  part  of  the 
contestant  shall  not  exceed  thirty  days  from  the  day  of  the  election. 
The  justices,  or  either  of  them,  shall  issue  subpoenas  for  all  witnesses 
required  by  the  contestant,  commanding  such  persons  to  appear  before 
them  to  testify  at  the  time  and  place  therein  mentioned. 

Sec.  2707.  The  contestant  shall  close  his  evidence  in  chief  before 
the  contestee  commences,  and  if  the  contestee  does  not  desire  to  take  any 
depositions,  and  so  states  to  the  justice,  then,  in  that  event  the  justice 
shall  close  the  case  and  transmit  the  papers  as  herein  directed. 

Sec.  2708.  If  the  contestee  desires  to  take  any  proof  on  any  point 
not  set  out  in  the  notice  served  on  him,  he  shall  serve  a  notice  in  writing 
on  the  contestant,  setting  forth  the  ground  of  his  cross  contest  of 
new  points  to  be  raised  on  his  part,  and  naming  therein  some  person 
authorized  to  take  depositions  before  whom  the  depositions  are  to  be 
taken,  and  such  notice  to  be  served  at  least  three  days  before  the 
commencing  to  take  depositions. 

Sec.  2709.  The  contestee  shall  be  confined  to  the  grounds  or  points 
set  out  in  the  notice  given  by  him,  and  the  contestant,  after  the  con- 

26 


ELECTION     LAWS     OF     ARKANSAS 

elusions  of  the  evidence  taken  by  the  contestee,  may  produce  evidence 
on  the  said  grounds  or  points ;  all  of  his  evidence  shall  be  closed  at  least 
ten  days  before  the  day  fixed  for  the  meeting  of  the  general  assembly. 

Sec.  2710.  The  contestant  may  take  rebutting  testimony  up  to  the 
day  before  the  meeting  of  the  general  assembly,  but  shall  take  no 
evidence  thereafter.     76.,  sec.  11,  as  amended  hy  act  March  3,  1883. 

Sec.  2711.  If  any  person  summoned  as  a  witness  to  testify  in  any 
contested  election  shall  fail  to  attend,  his  attendance  may  be  compelled 
by  attachment. 

Sec.  2712.  The  justices  shall  hear  and  certify  all  testimony  relative 
to  such  election  to  the  president  of  the  senate,  if  the  contest  is  for  a  seat 
in  the  senate ;  and  if  for  a  seat  in  the  house  of  representatives,  then  to 
the  speaker  of  the  house  of  representatives. 

Sec.  2713.  No  testimony  .shall  be  received  on  the  part  of  the  person 
contesting  the  election  by  the  justices  which  does  not  relate  to  the  points 
specified  in  the  notice,  a  copy  of  which  notice,  attested  by  the  person 
who  delivered  or  served  the  same,  shall  be  delivered  to  the  justices,  and 
be  by  them  transmitted  with  the  depositions.      Ih.,  sees.  78-80. 

CONTEST  rOB  THE   OFriCE   OF   GOVERNOE,    SECRETARY   OF   STATE,   ETC. 

Sec.  2714.  All  contested  elections  of  governor,  secretary  of  state, 
treasurer  of  state,  auditor  of  state  and  attorney  general,  except  as  herein 
provided,  shall  be  decided  by  the  joint  vote  of  both  houses  of  the  general 
assembly,  and  in  such  joint  meeting  the  president  of  the  senate  shall 
preside. 

Sec.  2715.  If  any  person  contests  the  election  of  governor,  he  shall 
present  his  petition  to  the  general  assembly,  setting  forth  the  points  on 
which  he  will  contest  the  same,  and  the  fact  which  he  will  prove  in 
support  of  such  points,  and  shall  pray  for  leave  to  introduce  his  proofs, 
and  a  vote  shall  be  taken  by  yeas  and  nays  in  each  house  whether  the 
prayer  shall  be  granted. 

Sec.  2716.  If  a  majority  of  the  whole  number  of  votes  of  both 
houses  shall  be  in  the  affirmative,  they  shall  appoint  a  joint  committee 
to  take  testimony  on  the  part  of  the  petitioner,  and  also  on  the  part  of 
the  person  whose  place  is  contested,  with  power  to  send  for  witnesses : 
who  may  issue  warrants,  under  the  hand  of  the  chairman,  to  any  judge 
or  justice  of  the  peace  to  take  the  depositions  of  witnesses  at  such  time 
and  place  as  the  warrant  shall  direct,  and  the  points  to  which  the  testi- 
mony is  to  be  taken  shall  be  set  forth  in  such  warrant. 

Sec.  2717.  Reasonable  notice  shall  be  given  by  the  party  in  whose 
favor  depositions  shall  be  allowed  to  be  taken  to  the  opposite  party  of 
the  time  and  place  of  taking  the  same,  and  the  judge  or  justice  shall" 
proceed  in  all  things,  in  the  attendance  of  witnesses  and  in  taking  and 
certifying  the  testimony,  as  is  directed  in  the  preceding  section. 

27 


ELECTION    LAWS    OF     AEKANSAS 

Sec.  2718.  The  party  shall  also  be  allowed  to  attend  the  examina- 
tion of  witnesses  before  the  committee,  and  to  cross-examine  them,  but 
no  testimony  shall  be  taken  except  in  relation  to  the  points  set  forth  in 
the  petition. 

Sec.  2719.  The  committee  shall  report  the  facts  to  the  two  houses, 
and  the  day  shall  be  fixed  by  a  joint  resolution  for  the  meeting  of  the 
two  houses  to  decide  upon  the  same,  on  which  decision  the  yeas  and  nays 
shall  be  taken  and  entered  on  the  journal  of  each  house. 

PEESIDENTIAL   ELECTOBS— WHEN    CHOSEN,    ETC. 

Sec.  2720.  The  election  or  appointment  of  electors  for  president 
and  vice  president  of  the  United  States  shall  be  had  and  held  on  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  November  of  the 
year  eighteen  hundred  and  seventy-six,  and  every  four  years  thereafter. 

Sec.  2721.  The  qualified  voters  in  this  state  shall  meet  at  their 
respective  places  of  holding  elections,  and  shall  proceed  to  choose  as 
many  fit  and  proper  persons  as  the  state  shall  be  entitled  to  as  electors 
of  president  and  vice  president,  which  election  shall  be  conducted  by 
the  judges  who  may  have  been  appointed  to  hold  the  general  election 
of  the  state  for  the  same  year,  and  under  the  same  regulations  as  are 
or  may  be  required  by  the  law  regulating  such  general  election;  and  it 
shall  be  the  duty  of  the  judges  of  such  election,  in  the  different  townships, 
to  make  returns  thereof  to  the  board  of  county  election  commissioners 
within  five  days  after  such  election ;  which  boards  shall,  within  five  days 
after  they  receive  such  returns,  certify  and  transmit  the  same  by  some 
person  employed  for  that  purpose,  or  by  mail,  to  the  governor,  whose 
duty  it  shall  be,  within  twenty  days  after  the  day  of  election,  to  add  up 
the  votes  from  the  several  counties,  and  the  persons  having  the  highest 
number  of  votes  shall,  by  him,  be  declared  elected;  and  it  shall  be  the 
duty  of  the  governor,  at  the  expense  of  the  state,  in  all  cases,  immediately 
to  notify  the  persons  chosen  of  their  election  as  soon  as  the  same  shall 
have  been  ascertained,  agreeably  to  the  provisions  aforesaid. 

Sec.  2722.  The  governor  shall,  on  or  before  the  meeting  of  such 
electors,  cause  three  lists  of  the  names  of  such  electors  to  be  made  and 
delivered  to  them;  and  the  person  employed  in  giving  the  notices,  or 
conveying  the  returns,  as  aforesaid,  shall  be  allowed  ten  cents  per  mile  for 
every  mile  such  person  may  travel  in  going  and  returning  in  the  per- 
formance of  the  service  aforesaid,  to  be  audited  and  paid  as  other  claims. 

Sec.  2723.  The  electors  shall  meet  at  the  seat  of  government  on  the 
second  Monday  in  January  next  ensuing  their  appointment,  and  shall 
then  and  there  give  their  votes  for  president  and  vice  president,  and 
shall  do  and  perform  all  other  duties  required  of  them  by  the  act  of 
congress  in  that  case  made  and  provided. 

Sec.  2724.  Each  elector  for  president  and  vice  president  of  the 
United  States  shall  have  and  receive  as  a  full  compensation  for  his 

28 


ELECTION    LAWS    OF     AEKANSAS 

services  the  sum  of  two  dollars  for  every  twenty  miles  of  travel  from 
his  residence  and  returns  to  his  home,  and  four  dollars  per  diem  for 
every  day  engaged  at  the  seat  of  government  in  casting  the  vote  for 
president  and  vice  president  of  the  United  States. 

Sec.  2725.  If  the  electors  appointed  under  this  act,  or  any  of  them, 
fail  to  attend  at  the  seat  of  government  by  the  hour  of  two  o  'clock  in  the 
afternoon  of  the  day  pointed  out  in  this  act  for  electing  president  and 
vice  president  of  the  United  States,  then,  and  in  that  case,  the  general 
assembly,  if  in  session,  shall  proceed  immediately,  by  a  joint  vote  of  the 
two  houses,  to  fill  such  vacancy  or  vacancies ;  but  if  said  general  assembly 
shall  not  on  said  day  be  in  session,  then,  and  in  that  case,  the  governor 
shall  immediately  fill  such  vacancy  or  vacancies. 

Sec.  2726.  No  senator  or  representative  in  congress,  or  any  person 
holding  an  office  of  trust  or  profit  under  this  state  or  the  United  States, 
shall  be  eligible  as  an  elector  of  president  and  vice  president. 

Sec.  2727.  In  case  the  election  of  said  electors,  or  any  of  them,  be 
contested,  it  shall  be  decided  as  provided  by  this  act  for  contesting  the 
election  of  a  judge  of  the  supreme  court.  lb.,  92-99,  as  amended  by  act 
March  4,  1891,  and  act  of  congress,  February  3,  1887. 

Sec.  2728.  When  not  otherwise  provided,  this  chapter  shall  apply 
to  and  govern  the  election  of  all  officers  required  to  be  elected.  Act 
January  25,  1875,  sec.  101. 

An  Act  to  amend  the  laws  in  relation  to  the  payment  of  poll  tax,  and  for 
other  purposes. 

Be  it  Enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 

Section  1.  That  at  any  time  after  the  assessment  lists  have  been 
delivered  to  the  county  clerk  for  the  purpose  of  enabling  him  to  prepare 
the  tax  books  for  the  collector,  any  person  whose  name  has  for  any  cause 
been  omitted  from  the  said  lists  may  have  his  name  included  in  said  list 
and  placed  upon  the  tax  lists  in  the  hands  of  the  collector  by  application 
to  the  said  clerk  at  any  time  before  the  Saturday  next  preceding  the 
first  Monday  of  July,  when  the  collector  is  required  to  make  his  final 
settlement  with  the  county  court.  If  the  said  application  shall  be  made 
after  the  tax  books  have  been  delivered  to  the  collector,  the  clerk  shall 
certify  the  said  supplemental  assessment,  which  he  is  hereby  authorized 
to  make,  to  the  collector,  and  shall  charge  to  said  collector  the  amount 
of  tax  and  penalties  so  added.  In  addition  to  the  sum  assessed  against 
any  such  applicant  for  poll  tax,  the  clerk  shall  extend  against  him  a 
penalty  for  failing  to  return  his  assessment  to  the  assessor  at  the  proper 
time,  one  dollar— twenty-five  cents  of  which  shall  go  to  the  clerk  for  his 
services,  and  seventy-five  [cents]  shall  go  into  the  fund  for  general 
county  expenses ;  and  if  said  application  shall  be  made  after  the  10th 
of  April,  the  collector  shall  collect  a  penalty  of  twenty-five  cents  for  a 

29 


ELECTION    LAWS    OF     AEKANSAS 

failure  to  pay  the  said  poll  tax  at  the  time  prescribed  for  making  pay- 
ment of  taxes  without  penalty.  In  addition  to  the  assessment  of  poll  tax 
in  such  cases,  it  is  hereby  made  the  duty  of  said  clerk  to  assess  any 
property  held  by  said  applicant,  and  which,  for  any  reason,  has  been 
omitted  from  the  tax  books. 

Sec.  2.  Upon  the  payment  of  poll  tax  assessed  against  any  person 
liable  therefor,  and  the  specific  penalties  imposed  for  a  failure  to  cause 
the  same  to  be  assessed  or  paid  at  the  time  allowed  for  severally  doing 
these  acts  without  penalty,  the  person  making  such  payment  shall  bo 
entitled  to  receive  from  the  collector  a  separate  poll  tax  receipt,  and  to 
have  his  name  included  in  the  collector's  official  list  of  persons  who  have 
paid  poll  tax;  and  it  shall  be  unlawful  for  any  collector  to  refuse  to 
execute  such  receipt,  or  to  enter  on  said  list  the  name  of  any  such  person, 
because  of  the  failure  or  refusal  to  pay  the  taxes  due  upon  any  property 
held  by  such  person.  But  all  other  remedies  now  given  by  law  for  a 
failure  to  pay  such  taxes  on  any  such  property  are  hereby  preserved. 

Sec.  3.  On  the  first  Monday  in  July  of  each  year,  the  collector  shall 
file  with  the  county  clerk  a  list  containing  the  correct  names,  alpha- 
betically arranged,  of  all  persons  who  have,  up  to  and  including  that  date, 
paid  the  poll  tax  assessed  against  them  respectively.  The  correctness 
of  this  list  shall  be  authenticated  by  the  affidavit  of  the  collector  in  per- 
son. The  county  clerk  shall  at  once  record  the  said  list  in  a  well-bound 
book  to  be  kept  for  that  purpose,  and  on  or  before  the  15th  day  of  July, 
shall  deliver  to  the  county  election  commissioners,  or  to  the  chairman 
or  secretary  of  the  said  board,  a  certified  copy  thereof.  The  original 
shall  be  kept  on  fiile  in  the  office  of  the  said  clerk,  free  to  the  inspection 
of  any  elector  of  said  county,  and  the  clerk  shall,  on  demand,  accom- 
panied by  the  fee  prescribed  by  law  for  making  a  copy  of  any  instrument 
or  record,  make  a  copy  thereof  for  any  person.  The  county  election 
commissioners  shall  cause  to  be  printed  a  sufficient  number  of  said  lists 
to  supply  to  each  judge  of  election,  at  every  general  or  special  election 
a  copy  thereof,  to  be  sent  to  such  judge  with  the  ballots  and  blank  poll 
books  now  directed  to  be  sent  preparatory  to  holding  any  election.  The 
said  election  commissioners  are  authorized  to  have  said  printing  done 
at  an  expense  not  to  exceed  one  dollar  and  fifty  cents  for  each  one 
hundred  names  on  said  list.  The  fees  of  the  county  clerk  for  all  services 
to  be  rendered  by  him  in  filing,  recording  and  furnishing  to  the  election 
commissioners  a  certified  copy  of  said  list  shall  be  ten  cents  for  each  one 
hundred  words  contained  in  said  list,  and  the  certified  copy  thereof  so 
furnished  to  said  commissioners. 

Sec.  4.  All  expenses  connected  with  the  holding  of  any  municipal 
election  shall  be  borne  by  the  respective  municipalities,  and  no  part 
thereof  shall  be  a  charge  against  the  county  in  which  such  municipality 
may  be  situated.  The  per  diem  of  the  election  commissioners,  and  that 
of  the  judges  and  clerks,  shall  be  included  in  the  expenses  chargeable  to 

30 


ELECTION    LAWS    OF     AEKANSAS 

such  municipalities.  In  all  elections  in  special  school  districts,  the  board 
of  directors  shall  provide  for  the  per  diem  of  judges  and  clerks  of  such 
elections,  as  well  as  all  other  expenses  connected  therewith. 

Sec.  5.  The  "time  for  collecting  taxes,"  as  this  term  is  employed 
in  the  constitution  in  connection  with  the  payment  of  poll  taxes,  is  hereby 
defined  to  be  the  period  between  the  first  Monday  in  January  and  the 
Saturday  next  preceding  the  first  Monday  in  July,  on  which  last  named 
date  the  collector  is  required  by  law  to  make  his  final  settlement  with 
the  county  court.  Any  person  liable  to  pay  poll  tax,  and  who  has  paid 
the  same  at  any  time  within  the  dates  named,  shall,  if  possessed  of  the 
other  qualifications  required  by  law  of  an  elector,  be  entitled  to  vote  at 
any  election  held  in  this  state  at  any  time  before  the  first  Monday  in 
July  of  the  year  succeeding  that  in  which  the  payment  is  made.  The 
auditor  shall  cause  to  be  printed  in  the  blank  poll  tax  receipt  which  he 
is  required  to  furnish  to  the  collector,  and  the  county  election  commis- 
sioners are  required  to  have  printed  in  plain  type  and  in  a  conspicuous 
place  on  the  lists  which  they  are  required  to  furnish  to  the  election  judges, 
an  express  statement  of  the  time  within  which  the  payment  in  any 
particular  case  will  authorize  the  taxpayer,  otherwise  qualified,  to  vote. 
The  auditor  shall  furnish  to  each  collector  in  the  state  as  many  blank 
poll  tax  receipts  containing  the  statement  aforesaid,  as  will  be  necessary 
to  supply  to  each  taxpayer  a  proper  receipt.  It  is  hereby  made  unlawful 
for  the  auditor  to  fail  to  furnish  to  such  collector  a  sufficiency  of  said 
blanks,  or  for  any  collector  to  furnish  to  any  taxpayer  a  receipt  prepared 
otherwise  than  on  one  of  said  official  blanks.  It  is  made  the  duty  of  the 
collector  at  the  time  he  makes  his  final  settlement  with  the  state  treasurer 
to  deliver  to  the  auditor  all  unused  blanks.  If  the  collector  shall  fail 
to  file  said  unused  blank  receipts,  the  auditor  shall  charge  him  on  his 
account  for  the  benefit  of  the  general  revenue  fund  with  a  sum  equal  to 
one  dollar  ($1.00)  for  each  of  said  blanks  not  so  returned,  and  the  auditor 
shall  not  issue  to  the  said  collector  a  quietus  until  said  sum  is  fully  paid, 
and  in  addition  thereto  the  collector  shall  be  liable  to  the  penalties 
prescribed  by  this  act  as  for  a  violation  of  its  provisions. 

Sec.  6.  Any  person  whose  name  appears  on  the  official  list  filed  by 
the  collector,  shall,  if  otherwise  qualified,  be  permitted  to  vote  without 
being  required  to  do  more  than  to  state,  without  being  sworn,  if  asked 
by  the  election  judges,  that  the  receipt  is  not  in  his  immediate  posses- 
sion, and  that  he  has  not  previously  used  the  receipt  to  vote  at  the 
particular  election,  and  that  he  does  not  purpose  doing  so.  In  the 
event  that  the  elector  does  not  present  his  poll  tax  receipt,  the  clerk  shall 
write  on  the  poll  book,  opposite  his  name  and  the  number  of  his  ballot, 
the  word  "list,"  which  shall  be  taken  to  mean  that  said  elector  has 
voted  at  that  precinct  without  having  exhibited  his  receipt.  In  any 
prosecution  of  an  elector  for  having  voted  more  than  once  this  entry  shall 
be  deemed  and  taken  to  be  prima  facie  evidence  that  the  said  elector 

31 


ELECTION    LAWS    OF     AEKANSAS 

has  voted  without  exhibiting  his  poll  tax  receipt.  If  the  judges  of 
election  have  any  doubts  as  to  the  identity  of  any  person  being  the 
person  whose  name  appears  upon  the  official  list  of  those  who  have 
paid  poll  tax,  they  may  take  evidence  by  the  oath  of  the  person  who 
presents  himself  claiming  to  be  such  person,  or  by  other  competent 
evidence,  and  in  this  connection  the  judges  of  election  are  hereby 
empowered  to  administer  oaths.  Any  person  offering  to  vote  outside 
the  county  in  which  his  poll  tax  has  been  paid,  must  present  the  collec- 
tor's receipt  or  a  certificate  from  the  county  clerk  of  the  county  in 
which  the  payment  was  made,  to  the  effect  that  such  person's  name 
appears  upon  the  official  list  filed  by  the  collector,  and  by  making  proof 
to  the  satisfaction  of  the  election  judges  of  his  identity  with  the  person 
named  in  the  clerk's  certificate  or  receipt. 

Sec.  7.  The  nomination  fee  required  by  law  to  be  paid  as  a  condition 
for  having  the  name  of  any  'candidate  printed  on  the  official  ballot,  may, 
in  the  case  of  a  state  or  district  office,  be  paid  into  the  state  treasury 
and  the  receipt  of  this  officer  for  such  payment  shall  authorize  the 
secretary  of  state  to  include  in  his  certificate  to  the  county  election 
commissioners  of  the  respective  counties,  the  name  of  any  person  making 
such  payment,  and  who  has  otherwise  complied  with  the  law  relating  to 
nominations.  The  sum  so  paid  shall  be  credited  to  the  several  counties 
of  the  state  or  district  as  the  particular  case  may  be.  The  auditor  shall 
charge  the  treasurer  with  the  several  amounts  thus  paid,  and  shall 
notify  the  several  county  clerks  thereof.  It  is  also  hereby  made  the 
duty  of  the  secretary  of  state,  immediately  after  ^the  passage  of  this 
act,  to  certify  to  the  several  county  clerks  a  statement  of  the  amounts 
for  which  collectors'  and  county  treasurers'  receipts  have  been  filed  in 
his  office  on  account  of  nomination  fees  at  former  elections,  and  upon 
receipt  of  such  certificate,  it  shall  be  the  duty  of  the  said  clerks  to  charge 
these  amounts  to  the  collector  or  treasurer  who  executed  such  receipt 
in  any  given  case,  if  upon  examination  it  shall  appear  that  this  has  not 
been  done  already. 

Sec.  8.  Any  clerk,  collector,  election  commissioner  or  other  person 
who  shall  willfully  violate  any  of  the  provisions  of  this  act,  shall,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  three  hundred  dollars 
($300.00)  nor  more  than  one  thousand  dollars  ($1,000.00),  or  by  impris- 
onment for  a  period  not  less  than  one  month  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment  at  the  discretion  of  the  court. 

Sec.  9.  That  all  laws  or  parts  of  laws  inconsistent  with  this  act 
be,  and  the  same  are  hereby,  repealed,  and  that  this  act  take  effect  from 
and  after  its  passage. 

Approved  March  18,  1895. 


32 


ELECTION    LAWS    OF     AEKANSAS 

An  Act  to  prevent  disorderly  conduct  during  primary  elections  and 
conventions. 

Be  it  Enacted  by  the  General  Assembly  of  the  State  of  Arkansas : 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell  or  give  away, 
or  to  cause  to  be  sold  or  given  away,  or  used  or  furnished  in  any  manner 
or  form,  any  intoxicating  liquors  during  the  day  of,  or  succeeding  night 
of,  any  legalized  primary  election,  held  by  any  political  party  in  any 
county,  city,  township  or  ward;  and  any  person  selling  or  giving  away 
or  causing  to  be  sold  or  given  away,  or  furnished  in  any  manner  or  form, 
any  intoxicating  liquors  during  said  day  or  night  in  which  any  such 
legalized  primary  election  may  be  held,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  in  any  sum  not  less  than  one  hundred 
dolars  ($100.00)  for  each  and  every  offense,  or  imprisoned  not  less  than 
six  months  or  both. 

Sec.  2.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  March  3,  1897. 

An  Act  to  legalize  primary  elections. 
Be  it  Enacted  by  the  General  Assembly  of  the  State  of  Arkansas : 

Section  1.  That  whenever  any  political  party  in  this  state  shall  by 
primary  election  nominate  any  persons  to  become  candidates  at  any 
general  election,  regular  or  special,  or  before  the  legislature  for  United 
States  senator,  or  for  congress  or  any  legislative,  judicial,  state,  district, 
county,  township  or  municipal  office,  the  said  primary  election  shall  be 
and  is  hereby  made  a  legal  election ;  Provided,  This  act  shall  not  apply 
or  be  in  force  unless  the  county  central  committee  of  such  party,  shall, 
twenty  days  before  said  primary  election,  file  in  the  office  of  the  county 
clerk  of  the  county  a  certificate  signed  by  the  chairman,  and  attested  by 
the  secretary  of  such  county  central  committee,  certifying  that  said 
primary  election  will  be  held  under  the  provisions  of  this  act. 

Sec.  2.  The  judges  and  clerks  selected  to  hold  said  election  shall 
possess  the  same  qualifications  as  are  required  for  judges  and  clerks  under 
the  law  governing  general  elections  in  this  state,  provided  that  all  shall 
be  of  the  sdme  political  party  as  that  for  which  said  primary  election  is 
held. 

Sec.  3.  The  judges  holding  said  primary  election  before  entering 
upon  their  duties,  shall  qualify  before  some  officer  duly  qualified  to 
administer  an  oath,  and  they  shall  then  have  power  to  administer  oaths 
to  the  clerks  of  said  election  and  to  voters  when  deemed  necessary  to 
ascertain  the  qualifications  of  electors. 

Sec.  4.  Any  judge  or  clerk  serving  at  any  such  primary  election 
who  shall  in  any  manner  falsify  the  returns  of  the  same,  or  knowingly 
make  a  false  count  of  the  ballots  cast,  or  aid  or  abet  any  such  act  of 

33 


ELECTION    LAWS    OF    ARKANSAS 

another  person,  or  knowingly  permit  such  to  be  done  by  others,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  fifty  dollars  nor  more  than  two  hundred 
dollars  and  imprisoned  in  the  county  jail  not  less  than  thirty  days. 

Sec.  5.  Any  person  voting  in  said  primary  election  not  possessing 
all  of  the  qualifications  of  an  elector  as  required  under  the  general  election 
laws  of  the  state,  or  who  shall  cast  more  than  one  ballot  in  said  election, 
or  accept  any  money  or  its  equivalent  for  his  vote,  or  use  any  money  or 
its  equivalent,  to  influence  the  vote  of  any  other  person,  or  employ  any 
force,  threats  or  intimidation  to  influence  the  vote  of  any  other  person, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars  and  imprisoned  in  the  county  jail  not  less  than  thirty 
days.  Every  repetition  of  any  or  either  of  the  acts  herein  specified  shall 
constitute  a  separate  offense. 

Sec.  6.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed,  and  this  act  shall  take  effect  and  be  in  force  on  and  after  its 
passage. 

Approved  April  20,  1895. 

An  Act  to  regulate  the  sale  of  wine. 
Be  it  Enacted  hy  the  General  Assembly  of  the  State  of  Arkansas: 

Section  1.  At  the  general  election  when  the  vote  is  taken  "For 
License"  or  "Against  License,"  the  sale  of  wine  shall  not  be  affected  by 
that  vote,  but  a  separate  vote  "For  the  sale  of  Wine"  or  "Against  the 
sale  of  Wine, ' '  shall  be  taken  in  the  same  manner  as  the  vote  on  license. 

Sec.  2.  When  the  county  court  is  petitioned  to  prohibit  the  sale  of 
liquors  under  the  three-mile  law,  the  petition  may  specify  all  kinds  of 
liquors  as  now  provided  by  law,  or  may  specify  wine  as  the  only  liquor 
to  be  prohibited,  or  may  except  wine  from  the  petition. 

Sec.  3.  If  it  shall  appear  that  the  people  of  any  county,  township 
or  ward  of  a  city,  or  if  any  "three-mile"  district  under  the  operation 
of  present  laws  as  modified  by  the  two  preceding  sections,  are  not  opposed 
to  the  sale  of  wine,  and  if  there  be  no  provisions  in  special  acts  or  orders 
of  courts  forbidding  the  sale  of  wine,  then  it  shall  be  lawful  for  any 
person  who  grows  or  raises  grapes  or  berries  to  make  wine  thereof  and 
without  license  sell  the  same  in  any  quantities  not  less  than  one-fifth  of 
a  gallon  anywhere  in  the  state,  except  in  counties,  townships,  or  wards 
of  cities,  or  three-mile  districts,  or  under  districts  under  special  acts 
where  the  people  have  voted  or  petitioned  or  secured  special  laws  against 
the  sale  of  wine. 

Sec.  4.  All  wines  sold  in  the  state,  shall,  before  sale,  be  labeled  so 
as  to  designate  their  qualities.  Nothing  but  pure,  fermented  juice  of  the 
grape  or  berry  shall  be  labeled  "Natural  Wine."     Wine  to  which  sugar 

34 


ELECTION    LAWS    OF    AEKANSAS 

has  been  added  to  insure  its  keeping  qualities,  shall  be  labeled  '  *  Sugared 
Wine." 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale, 
any  wine  containing  poisonous  or  injurious  drugs,  or  to  sell  any  wine 
which  contains  more  than  17  per  cent  of  alcohol,  and  it  shall  be  the  duty 
of  circuit  judges  at  the  beginning  of  each  term  of  circuit  court  to  charge 
the  grand  juries  to  investigate  and  return  indictment  for  violations  of 
any  of  the  provisions  of  this  act. 

Sec.  6.  Any  one  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  in 
any  sum  not  less  than  one  hundred  dollars  ($100.00)  nor  more  than  five 
hundred  dollars  ($500.00)  for  each  offense,  and  the  prosecuting  attorney 
shall  receive  the  same  fees  for  convictions  as  is  now  allowed  for  convic- 
tions for  selling  liquor  without  license. 

Sec.  7.  All  fines  collected  under  this  act  shall  be  paid  into  the 
general  revenue  fund  of  the  county  in  which  the  offense  is  committed, 
and  the  present  law  governing  the  selling  or  giving  of  liquors  to  minors 
shall  govern  the  selling  or  giving  of  wine  to  minors. 

Sec.  8.  All  laws  and  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  except  where  the  vote  at  the  last  election  was  against 
license  or  the  three-mile  law  is  now  in  force,  or  special  acts  forbid  the 
sale  of  wine. 

Approved  June  26,  1897. 


35 


MUNICIPAL  CORPORATIONS. 

ELECTION,   APPOINTIMENT  AND    QUALIFICATION   OF   OFFICEBS. 

Section  5127.  The  annual  election  of  cities  of  the  first  and  second 
class  and  incorporated  towns  shall  be  held  on  the  first  Tuesday  in  April 
of  each  year;  and  all  officers  whose  election  is  provided  for  by  this  act, 
or  any  ordinance,  shall  be  elected  on  that  day.  Special  elections  of  the 
members  of  the  city  council  of  all  cities  and  incorporated  towns  shall 
be  held  at  such  time  and  place  as  the  mayor  by  proclamation  shall  direct, 
so  that  at  least  ten  days '  notice  thereof  shall  be  given.  Special  elections 
herein  authorized  to  be  held  shall  be  held  at  such  time  and  place  as  the 
city  council  may  direct.  In  all  cities  there  shall  be  a  place  appointed 
in  each  ward  for  holding  elections.  Any  person  who,  at  the  time  of  the 
election  of  municipal  officers,  is  a  qualified  voter  under  the  laws  of 
the  state,  for  state  or  county  officers,  and  has  resided  within  the  corpora- 
tion for  six  months  next  preceding  the  election  and  thirty  days  in  the 
ward  where  he  offers  to  vote,  shall  be  deemed  a  qualified  elector.  All 
elections  shall  be  held  and  conducted  in  the  manner  prescribed  by  law 
for  holding  state  and  county  elections,  so  far  as  the  same  may  be 
applicable.  Act  March  9,  1875,  sec.  71;  acts  March  28,  1885,  and 
February  15,  1887. 

Sec.  5128.  The  returns  of  all  municipal  corporations  shall  be  made 
to  the  election  commissioners  of  the  county  in  which  the  corporation  is 
situated,  and  shall  be  by  them  opened  within  three  days  after  receiving 
the  same,  who  shall  count  the  vote  as  the  same  appears  from  the  poll 
books,  make  an  abstract  thereof,  and  forward  the  same  to  the  mayor; 
they  shall,  in  like  manner  and  without  delay,  furnish  to  each  candidate 
elected  a  certificate  of  election,  or  leave  the  same  at  his  usual  place  of 
abode.     Ih.,  sec.  2,  as  amended  by  sec.  49,  act  March  4,  1891. 

Sec.  5129.  All  officers  elected  or  appointed  in  any  municipal  cor- 
poration shall  take  the  oath  or  affirmation  prescribed  by  the  constitution 
of  this  state,  for  officers.  The  aldermen  or  council  may  require  from 
such  officers  as  they  think  proper  a  bond  with  good  and  sufficient  security, 
with  proper  penalty,  for  the  faithful  discharge  of  their  offices  and  duties ; 
and  shall  have  power  to  declare  the  office  of  any  person  elected  vacant 
who  shall  fail  to  take  the  oath  of  office  or  give  the  bond  herein  required 
within  ten  days  after  he  shall  have  been  notified  of  his  election  or  appoint- 
ment, and  proceed  to  appoint  as  in  other  cases  of  vacancy.     lb.,  sec.  73. 

Sec.  5220.     The  charters  and  all  the  amendments  thereto  of  all 

36 


ELECTION    LAWS    OF     ABKANSAS 

municipal  corporations  within  this  state  designated  as  cities  of  the 
second  class  and  incorporated  towns  may  be  surrendered,  all  officers  held 
thereunto  abolished  and  the  territory  and  inhabitants  thereof  remanded 
to  the  government  of  this  state  in  the  manner  hereinafter  provided. 

Sec.  5221.  Whenever  one  hundred  qualified  electors  of  any  city 
of  the  second  class,  or  twenty-five  qualified  electors  of  any  incorporated 
town  shall  petition  the  city  or  town  council  thereof  asking  the  surrender 
of  the  charter  of  said  municipal  corporation,  it  shall  be  the  duty  of  said 
city  or  town  council  immediately  to  submit  the  question  whether  such 
surrender  shall  be  made  to  the  qualified  electors  of  said  municipal  corpo- 
ration at  an  election  to  be  held  for  that  purpose,  after  having  given 
notice  of  such  election  four  weeks  by  advertisement  in  one  of  the  news- 
papers published  in  said  corporation,  or  if  there  be  no  newspaper 
published  therein,  by  advertisement  posted  in  two  or  more  public  places 
in  said  corporation. 

Sec.  5222.  Said  election  shall  be  held  and  conducted  by,  and  the 
returns  thereof  shall  be  made  to,  said  city  or  town  council  in  such 
manner  as  by  said  city  or  town  council  may  be  directed. 

Sec.  5223.  When  said  returns  shall  have  been  made  as  aforesaid, 
it  shall  be  the  duty  of  said  city  or  town  couiilil  to  count  the  votes  cast 
at  said  election,  and  if  a  majority  of  the  votes  so  cast  shall  be  in  favor 
of  the  surrender  of  the  charter  of  such  municipal  corporation,  the  said 
city  or  town  council  shall  present  to  the  county  court  of  the  county  in 
which  said  corporation  is  situated,  a  petition  showing  that  an  election 
has  been  held  as  aforesaid  and  the  result  thereof,  and  praying  that  the 
charter  of  said  municipal  corporation  may  be  surrendered. 

Sec.  5224.  If  it  shall  appear  to  the  satisfaction  of  said  court  that 
said  election  has  been  held  as  aforesaid,  and  that  a  majority  of  the  votes 
cast  at  said  election  was  in  favor  of  the  surrender  of  the  charter  of  such 
municipal  corporation,  it  shall  be  the  duty  of  said  county  court  to  make 
and  enter  upon  its  record  an  order  declaring  the  charter  and  all  the 
amendments  thereto  of  said  municipal  corporation  to  be  surrendered 
under  the  provisions  of  this  act,  and  to  order  the  clerk  of  said  court 
to  make  out  and  certify  under  his  official  seal  two  transcripts  of  ^said 
order,  one  of  which  said  clerk  shall  forward  to  the  secretary  of  state,  to 
be  kept  on  file  in  his  office  and  the  other  he  shall  deliver  to  the  recorder 
of  said  county,  whose  duty  it  shall  be  to  record  the  same  in  his  office. 

ELECTION  OF  OPFIOEES,   SALAEIES,  DUTIES  OF. 

Sec.  5263.  The  qualified  voters  of  cities  of  the  first  class  shall  on 
the  first  Tuesday  in  April,  1875,  and  every  two  years  thereafter,  elect 
one  mayor,  one  city  treasurer  and  one  police  judge,  who  shall  hold  their 
offices  two  years,  and  until  their  successors  are  elected  and  qualified,  and 
shall  have  such  powers  and  perform  such  duties  as  are  required  by  law, 
or  may  be  prescribed  by  any  ordinance  of  the  city  not  inconsistent  with 

37 


ELECTION    LAWS    OF    AEKANSAS 

this  chapter.  Also  one  city  clerk  and  one  city  attorney,  who  shall  hold 
office  for  two  years,  and  until  their  successors  are  elected  and  qualified ; 
who  shall  give  the  bond,  perform  the  duties  and  receive  such  salary  as  is 
now  or  may  hereafter  be  prescribed  by  ordinance  in  each  of  said  cities 
of  the  first  class.  Acts  March  9,  1875,  sec.  51 ;  March  28,  1885,  and  April 
11,  1893. 

Sec.  5264.  There  shall  also  be  elected  at  such  election  aldermen  by 
the  qualified  electors  of  the  entire  city,  two  aldermen  for  each  ward,  who 
shall  reside  in  their  several  wards,  as  now  provided  by  law.  Act  March 
9,  1875,  sec.  51,  as  amended  by  act  of  March  21,  1893. 

Sec.  5265.  The  aldermen  shall  be  residents  of  their  respective  wards, 
and  when  they  shall  have  organized  as  hereinafter  provided,  they  shall 
proceed  to  determine  by  lot  the  time  of  service  of  each  alderman  so 
elected,  so  that  one  of  the  aldermen  of  each  ward  shall  serve  for  the 
term  of  two  years,  and  the  other  for  one  year;  and  at  every  succeeding 
general  election  to  be  held  therein  one  alderman  shall  be  elected  by 
the  qualified  voters  of  said  ward,  who  shall  possess  the  qualifications' 
hereinbefore  required,  and  whose  term  of  service  shall  be  two  years,  so 
that  the  terms  of  two  aldermen  of  each  ward  shall  always  expire  on 
different  years,  and  the  persons  thus  chosen  shall  hold  their  offices  until 
their  successors  are  elected  and  qualified. 


38 


INDEX. 


ELECTIONS. 


Section 

general  elections. 
2598.     General    election;    time    of    hold- 
ing. 

STATE    AND    COUNTY    ROARDS    OF    ELECTION 
COMMISSIONERS. 


2599. 


2600. 


2601. 


2602. 


2603. 
2604. 


2605. 
2606. 


2607. 
2608. 


2609. 


2610. 
2611. 


State  board  created,  its  duty  in 
appointing  county  boards ;  qual- 
ifications of ;  appointments, 
how  made;  notice  to  be  given; 
oath  to  be  taken  and  filed. 

Tenure  of  office  of  county  com- 
missioners ;  organization  of 
board,  quorum. 

Appointment  of  judges  of  elec- 
tion; how  and  when  made;  va- 
cancies, how  filled. 

Vacancies  in  county  boards;  how 
filled. 

QUALIFICATION  OP  ELECTORS. 

Constitutional  requirements. 

No  idiot,  felon,  or  army  or  navy 
ofl&cer  whose  residence  is  ac- 
quired by  his  station,  or  other 
person  who  has  not  the  specific 
qualifications  required  by  law, 
shall  vote;  may  be  examined. 

POLL    TAX    RECEIPT. 

Duty  of  auditor  to  prepare  poll 

tax   receipt   in   book   form;    to 

whom  delivered. 
Duty  of  sheriff  to  make  certified 

list  of  electors  who  have  paid; 

fees  therefor. 
Duty  of  county  clerks;  fees. 
Duty  of  sheriff  to  furnish  list  to 

judges  of  election;  when  elector 

may  vote  without  receipt. 
Minors    attaining    majority    since 

time    for    assessing    may    vote 

without  receipt. 
Receipts  to  be  stamped  by  judges. 
Officers    failing    to    comply    with 

this  act  guilty     of     a     misde- 


Section 

2612.  Elector   offering   to   vote   without 

receipt  may  be   examined. 

nomination    OF    CANDIDATES    AND    CERTI- 
FICATION   THEREOF. 

2613.  How  candidates  shall  be  certified; 

amount  of  fees  for  each  can- 
didate; how  credited. 

2614.  Certificates    of    nomination,    with 

whom  filed. 

2615.  Time  of  filing  certificates  of  nom- 

ination. 

2616.  Errors  to  be  corrected,  how  and 

by  whom. 

2617.  Secretary   to   certify   list   of  can- 

didates  to   county   commission- 
•    ers. 
2618.V   Felony  to  falsely  make,  suppress, 
forge,    or    destroy   certificates, 
etc. 

DECLINATION    OF    NOMINATION. 

2619.  Candidate  declining  not  to  be  cer- 

tified; how  to  decline;  name 
not  to  be  printed. 

SUBMISSION    OF    AMENDMENTS    AND    OT^HER 
QUESTIONS. 

2620.  Proposed   amendments   and   other 

questions,    how   submitted. 

PUBLICATION    OF    NOMINATIONS   AND 
OTHER  QUESTIONS. 

2621.  Publication   of   what,   how,   when 

and  by  whom. 

THE  BALLOTS. 

2622.  Number   of,   for   each     precinct; 

when  and  by  whom  delivered 
to  judges. 

2623.  Ballots    to    be    furnished    at    the 

expense  of  the  counties  and 
municipal   corporations. 

2624.  Number  of  ballots  to  be  provid- 

ed; ballots  not  furnished  by 
commissioners  not  to  be  count- 
ed, but  to  be  presers'ed. 


N.  B. 


-Sections  same  as  Sandels  &  Hill's  Digest. 

39 


''EL'ECTt'bN     LAWS    OF     ARKANSAS 


Section 

2625.  Ballots  to  be  uniform  and  con- 
tain only  the  names  of  certified 
candidates. 


FORK  OF  BALLOT. 

2626.  Form  of  ballot  given. 

BALLOT   BOXES,   POLL  BOOK   AND 
SUPPLIES. 

2627.  County  commissioners  to  provide; 

how    arranged;      supplies    fur- 
nished. 

2628.  To  whom  delivered;  his  duty. 

POLLING    PLACES,    HOW    ARRANGED,    ETC. 

2629.  Booths  to  be  furnished;    number 

of;   how  arranged. 

2630.  Instructions    to    electors,    to    be 

posted,    where;    what    to    con- 
tain. 

2631.  Penalty    for    violating    preceding 

sections. 

JUDGES  OF  ELECTION. 

2632.  Qualifications  of  judges. 

2633.  Tenure  of  office. 

2634.  Persons   betting  on   electi(Tas   not 

competent  as  judge  or  clerk. 

2635.  Misdemeanor    for   person   betting 

on  election  to  act  as  judge  or 
clerk. 

2636.  In  case  of  absence  of  judges  ap- 

pointed, how  vacancies  filled. 
?637.     Judges  to  appoint  clerks. 

'  OATH   OF    JUDGES   AND    CLERKS. 

2638.  Who  to  administer  oath;  form. 

2639.  Oaths  required  of  clerks. 

2640.  When  judges  to  administer  oaths 

to  each  other  and  to  clerks. 

2641.  Certificate    to    poll    books;    form 

and  by  whom  made. 

SHERIFF  TO  MAKE  PROCLAMATION. 

2642.  Of  time  and  place  of  holding;  of- 

ficers to  be  elected. 

2643.  To  give  public  notice  thereof. 

MANNER   OF   VOTING   AND   CONDUCTING 
ELECTION, 

2644.  Elections  to  be  by  ballot. 

2645.  Opening  and   closing  polls;    time 

of. 

2646.  Sheriff  to  police  precincts;    duty 

of. 


Section 

2647.  No  one  permitted  to  be  within 
fifty  feet  of  polling  places  only 
as  admitted  to  vote  except  the 
sheriff  or  deputy.  Proviso: 
Witnesses  in  cases  of  challenge 
may  be  admitted;  voters  not 
to  occupy  a  booth  longer  than 
five  minutes;  when  vote  is  de- 
posited voter  must  retire. 

Duty  of  judge  to  receive  ballots; 
manner  of  receiving  and  depos- 
iting. 

Duty  of  clerk  to  register  names 
of  electors;  manner  of. 

Manner  of  preparing  and  depos- 
iting ballot. 

Spoiled  ballot  to  be  returned  to 
judges. 

Manner  of  preparing  ballots  for 
persons  who  cannot  read  or 
write  or  are  physically  dis- 
abled. 

Ballot  to  have  the  initials  of  one 
of  the  judges. 

Penalty  for  carrying  any  ballot 
outside  of  polling  place. 

Different  races,  how  to  vote. 

A  felony  for  officers  to  election- 
eer on  election  day,  or  for  any 
one  to  intimidate,  or  bribe  a 
voter. 


2648. 


2649. 


2650. 
2651. 


2652. 


2653. 

2654. 

2655. 
2656. 


PENALTIES     FOR    VIOLATING    THESE    LAVV^S. 

2657.  Officer  failing  to  do  his  duty;  a 
/  misdemeanor. 

2658.  False  count  or  return;  a  felony. 

2659.  General  provision. 


COUNTING   THE  BALLOTS,   RETURNS,   ETC. 
2660.     Signing  of  poll  books. 

Ballots    folded    together    fraudu- 
lent. 
Ballots  with  surplus     of     names 

fraudulent. 
Ballots  not  fraudulent. 
Provides  how  count  shall  be  made. 
2665,    2666.     Provide   how   returns   shall 
be  made  and  forwarded. 
Penalty    for    failure    to    perform 

service. 
Commissioners    to    dispatch    mes- 
senger,  when. 


2661. 

2662. 

2663. 
2664. 


2667. 


2668. 


ASCERTAINING    AND    DECLARING    RESULT. 

2669.  County  commissioners  to   canvass 

the  vote  and  make  return  to 
the  proper  officers  and  deliver 
certificates  of  election.  Duty 
of  secretary  of  state. 

2670.  How  and  when  a  recount  may  be 

had. 


40 


•       * 


ELECTION    LAWS    OF     AEKANSAS 


Section 

disposition  of  ballots  and 
certificates. 

2671.  County   commissioners   shall   keep 

ballots  and  certificates  for  six 
months,  except  in  certain 
cases.  Penalty  for  violating 
this  section  or  disclosing  how 
any  one  voted. 

COMPENSATION  OP  COUNTY  BOABD. 

2672.  Amount  of  compensation  fixed. 

FEES  OF  JUDGES  AND  CLERKS. 

2673.  2674,  2675.     Amount,  how  certified 

and  paid. 


EXPENSES  OF   ELECTION. 

2676.  To  be  paid  by  counties; 

tion. 

2677.  Sheriff's  fees. 


excep- 


ELECTION  PRECINCTS,  CHANGES,  ETC. 

2678.  County  commissioners  may  change 
boundaries  and  make  new  pre- 
cincts, but  no  changes  to  be 
made  within  thirty  days  of  an 
election.  Any  changes  to  be 
made  of  record  and  notice 
given. 


RETURNS  IN   SENATORIAL  DISTRICTS. 

2679.  Eeturns,  when,  where  and 


to 


whom  made. 

2680.  Certificate  to  be  issued,  by  whom. 

2681.  Compensation  to  messengers. 

PROCEEDINGS    WHEN    RETURNS    ABE    NOT 
MADE. 

2682.  When  secretary  of  state  shall  dis- 

patch messenger.  Penalty  for 
commissioners  neglecting  to 
send  returns. 

CANVASS   OF   VOTES   BY    SECRETARY   OF 
STATE,  ETC. 

2683.  Vote  for  members  of  congress. 

2684.  Governor    to      grant      certificate; 

governor  to  order  election  in 
case  of  tie  vote. 

2685.  Secretary  of  state  to  canvass  vote. 

2686.  Governor's    duty    in    case    of    tie 

vote. 

2687.  Secretary  of  state  to  furnish  the 

legislature  with  list  of  mem- 
bers. 

CANVASS   OF   VOTES   FOR   STATE  OFFICERS 

2688.  Speaker   of  house   of   representa- 

tives to  canvass  votes. 

VACANCIES  IN  OFFICE — ELECTIONS  TO  FILL. 

2689.  In  office  of  member  of  congress. 


Section 

2690.  In   office  of  governor;    by  whom 

returns  canvassed. 

2691.  When  governor  to  issue  writs  of 

election. 

2692.  Elections,  when  held;  writ  to  be 

published. 

contested  elections. 

2693.  2694.     Contest  for  certain  offices; 

where   had     and     when     com- 
menced. 

2695.  Complaint    to    set    forth    grounds 

of  contest. 

2696.  Judgment  in   case   of  success   of 

contestant. 

2697.  Contest  for  county  offices,  where 

had;  notice  to  be  given. 

2698.  Depositions;    court    to    determine 

contest  in  a  summary  way. 

2699.  Governor   to    commission    contest- 

ant on  order  of  court. 

2700.  Governor  to  give  notice  on  revok- 

ing  commission. 

2701.  Acts,    while    holding    commission, 

valid. 

contestant  to  give  bond  for  costs. 

2702.  Bond,  condition  of. 

2703.  Not    to    proceed    until    bond    is 

filed. 

2704.  When  judgment   for  costs  to  be 

rendered  against  contestant. 

contesting  election  of  senators  and 
representatives. 

2705. 
2706. 

2707. 

2708. 

2709. 

2710. 
2711. 
2712. 
2713. 


Requirements  of  notice  to  be 
given. 

Time  not  to  exceed  thirty  days; 
justices  to  issue  subpoenas. 

When  contestant  to  close  evi- 
dence. 

Cross  contest;  new  points  raised; 
notice,  etc. 

Evidence  to  close  ten  days  before 
meeting  of  legislature. 

Rebutting  testimony. 

Attendance  of  witnesses. 

Justices  to  certify  testimony. 

Irrelevant  testimony  not  received. 


41 


contest  for  the  office  of  governor, 
secretary  of  state,  etc. 

General  assembly  to  decide. 
Petition    to    contest    election    of 

governor. 
Committee  to  be  appointed,  when; 

powers,  etc. 
Reasonable  notice  to  be  given  by 

contestee  of  taking  depositions. 


2714. 
2715. 

2716. 

2717. 


ELECTION     LAWS     OF  AEKANSAS 

Section.  Section. 

2718.  Contestee    allowed    to   attend   ex-       2723.  Meeting  and  casting  vote  of. 

amination  of  witnesses.  2724.  Per  diem  and  mileage  of  electors. 

2719.  Committee  to  report  facts;   joint       2725.  Vacancy  in  electors,  how  filled. 

session  to  decide  on  same.  2726.  What  of&cers  not  eligible. 

2727.  Contest    of    election    of    electors, 

PRESIDENTIAL   ELECTORS.  how    decided. 

2720.  Election  of,  when  held.  2728.  This  act  to  govern  election  of  all 

2721.  How  election  conducted.  officers  not   otherwise  provided 

2722.  Governor  to  furnish  list  of  elec-  for. 

tors;  mileage  allowed. 


42 


KAYLCtiD 

0 

!  i'  iJ . 

B      MAk: 

PYRACUS! 

(1  Y 

pP*T.  J»N 

Vi..^ 

1 —  -    - 

YC  09092 


